Referendums (Scotland and Wales) Act 1997
1997 c. 61
An Act to make provision for the holding of a refernendum in Scotland on the establishment and tax-varying powers of a Scottish Parliament and a referendum in Wales on the establishment of a Welsh Assembly; and for expenditure in preparation for a Scottish Parliament or a Welsh Assembly.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
1 Referendum in Scotland.
1
On 11th September 1997, a referendum shall be held in Scotland on the establishment and tax-varying powers of a Scottish Parliament.
2
The propositions to be voted on in the referendum and the front of the ballot papers to be used for that purpose shall be in the form set out in Schedule 1.
3
Those entitled to vote in the referendum shall be the persons who, on the date of the referendum, would be entitled to vote as electors at a local government election in any electoral area in Scotland.
But an alteration in a register of electors under section 11(1) or (2) or 57 of the M1Representation of the People Act 1983 (correction of registers and registration appeals) shall not have effect for the purposes of the referendum unless it is made before the start of the period of eleven days ending with the date of the referendum.
4
The Secretary of State shall appoint a Chief Counting Officer for Scotland.
5
The Chief Counting Officer shall appoint a counting officer for each local government area in Scotland.
6
Each counting officer shall—
a
conduct the counting of votes cast in the area for which he is appointed in accordance with paragraph 11 of Schedule 3 and any directions given by the Chief Counting Officer, and
b
certify, for each of the two forms of ballot paper, the number of ballot papers counted by him and the number of votes cast for each proposition.
7
The Chief Counting Officer shall certify, for each of the two forms of ballot paper, the total of—
a
the ballot papers counted, and
b
the votes cast for each proposition,
for the whole of Scotland.
2 Referendum in Wales.
1
On 18th September 1997, a referendum shall be held in Wales on the establishment of a Welsh Assembly.
2
The propositions to be voted on in the referendum and the front of the ballot paper to be used for that purpose shall be in the form set out in Schedule 2.
3
Those entitled to vote in the referendum shall be the persons who, on the date of the referendum, would be entitled to vote as electors at an election for a county council or county borough council in Wales.
But an alteration in a register of electors under section 11(1) or (2) or 56 of the Representation of the M2People Act 1983 (correction of registers and registration appeals) shall not have effect for the purposes of the referendum unless it is made before the start of the period of eleven days ending with the date of the referendum.
4
The Secretary of State shall appoint a Chief Counting Officer for Wales.
5
The Chief Counting Officer shall appoint a counting officer for each county or county borough in Wales.
6
Each counting officer shall—
a
conduct the counting of votes cast in the area for which he is appointed in accordance with paragraph 11 of Schedule 3 and any directions given by the Chief Counting Officer, and
b
certify the number of ballot papers counted by him and the number of votes cast for each proposition.
7
The Chief Counting Officer shall certify the total of—
a
the ballot papers counted, and
b
the votes cast for each proposition,
for the whole of Wales.
3 Referendums: supplementary.
Schedule 3 (conduct of the referendums, etc.) shall have effect.
4 Exclusion of legal proceedings.
No court shall entertain any proceedings for questioning the number of ballot papers counted or votes cast as certified by a Chief Counting Officer or counting officer appointed in accordance with section 1(4) or (5) or 2(4) or (5).
5 Expenditure.
1
There shall be charged on and paid out of the Consolidated Fund any expenditure which is to be charged on and paid out of that Fund by virtue of any enactment applied by Schedule 3.
2
Any expenditure of a Minister of the Crown—
a
in connection with a referendum held by virtue of this Act, or
b
in preparation for a Scottish Parliament or a Welsh Assembly,
shall be paid out of money provided by Parliament.
6 Short title.
This Act may be cited as the Referendums (Scotland and Wales) Act 1997.
SCHEDULES
SCHEDULE 1 REFERENDUM IN SCOTLAND
PART I
PART II
SCHEDULE 2
SCHEDULE 3 CONDUCT OF THE REFERENDUMS, etc.
1
The provisions of this Schedule shall have effect in relation to the referendums under sections 1 and 2.
Time
2
1
In calculating any period of time for the purposes of any provision of, or applied by, this Act, the following days shall be disregarded.
2
In relation to the referendum in Scotland, the days are—
a
a Saturday or Sunday, and
b
a day which is a bank holiday under the M3Banking and Financial Dealings Act 1971 in Scotland.
3
In relation to the referendum in Wales, the days are—
a
a Saturday or Sunday, and
b
a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in England and Wales.
Advertisements
3
1
The M4Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984 shall have effect in relation to the display on any site in Scotland of an advertisement relating specifically to the referendum under section 1 of this Act as they have effect in relation to the display of an advertisement relating specifically to a Parliamentary election.
2
The M5Town and Country Planning (Control of Advertisements) Regulations 1992 shall have effect in relation to the display on any site in Wales of an advertisement relating specifically to the referendum under section 2 of this Act as they have effect in relation to the display of an advertisement relating specifically to a Parliamentary election.
Premises used for election purposes
4
1
In relation to premises in Scotland, section 98 of the M6Representation of the People Act 1983 (premises not affected for rates) shall have effect as if the reference to public meetings in furtherance of a person’s candidature at an election included a reference to public meetings promoting a particular result in the referendum under section 1 of this Act.
2
In relation to premises in Wales, section 65(6) of the M7Local Government Finance Act 1988 (occupation for election meetings and polls) shall have effect as if—
a
the reference to public meetings in furtherance of a person’s candidature at an election included a reference to public meetings promoting a particular result in the referendum under section 2 of this Act, and
b
the reference to use by a returning officer for the purpose of taking the poll in an election included a reference to use by a person exercising functions of a returning officer in accordance with paragraph 5(1)(b) of this Schedule for the purposes of taking the poll in the referendum under section 2 of this Act.
Returning officers and counting officers
5
1
Functions conferred by this Schedule on the returning officer shall be exercised—
a
in each local government area in Scotland, by the person who, under section 41 of the Representation of the People Act 1983 (local government elections in Scotland) is, or may discharge the functions of, the returning officer at an election of councillors for that area,
b
in each county or county borough in Wales, by the person who is for the time being appointed to act as returning officer for that county or county borough under section 35(1A)(a) of the Representation of the People Act 1983 (local government elections in Wales).
2
A returning officer may, in writing, appoint one or more persons to discharge all or any of his functions.
3
It is the returning officer’s general duty at a referendum to do all such acts and things as may be necessary for effectually conducting the referendum in the manner provided by this Schedule.
6
1
In Scotland, the council for a local government area shall place the services of its officers at the disposal of any person who is acting as returning officer or counting officer in relation to that area.
2
In Wales, the council for any county or county borough shall place the services of its officers at the disposal of any person who is acting as returning officer or counting officer in relation to that county or county borough.
7
A counting officer may, in writing, appoint one or more persons to discharge all or any of his functions.
8
1
Order 45, rule 1 of the M8County Court Rules 1981 (application for taxation of returning officer’s account under section 30 of the Representation of the People Act 1983) shall have effect in relation to applications made under section 30 of that Act as applied by paragraph 13(2) below.
2
For the purpose of sub-paragraph (1), a reference in Order 45, rule 1 to a returning officer shall be construed as a reference to a returning officer, a counting officer or a Chief Counting Officer.
Hours of polling
9
The hours of polling shall be between 7 a.m. and 10 p.m.
The ballot papers
10
1
The back of the ballot papers shall be in the form set out in the Appendix.
2
A ballot paper—
a
shall be capable of being folded up,
b
shall have a number printed on the back, and
c
shall have attached a counterfoil with the same number printed on it.
3
For the referendum in Scotland, the two forms of ballot paper shall be of different colours.
Counting of votes, etc.
11
1
A counting officer shall, in accordance with any directions given by his Chief Counting Officer, appoint persons to observe the counting of the votes and the verification of the ballot paper accounts.
2
No person may attend the counting of votes for any voting area unless he is—
a
the counting officer for that area or a person appointed by him under rule 26 of the Parliamentary Elections Rules as applied by paragraph 13 below,
b
a Chief Counting Officer,
c
the Member of Parliament for a constituency wholly or partly within that area,
d
an observer appointed by the counting officer for that area under sub-paragraph (1), or
e
permitted by the counting officer for that area to attend the count.
3
A counting officer shall give observers such reasonable facilities for observing the proceedings, and all such information with respect to them, as he can give them consistently with the orderly conduct of the proceedings and the discharge of his duties in connection with them.
4
Before a counting officer makes a certification under section 1(6)(b) or 2(6)(b), or makes any public announcement as to the result of the count, he shall consult his Chief Counting Officer who may direct him to recount—
a
the ballot papers, or
b
in the case of the referendum in Scotland, either or both of the forms of ballot paper.
5
In this paragraph “voting area” means a local government area in Scotland or a county or county borough in Wales.
12
A counting officer shall, as soon as possible after his Chief Counting Officer has made the certification required by section 1(7) or 2(7), forward to the Secretary of State—
a
the packets of ballot papers in his possession,
b
the ballot paper accounts and the statements of rejected ballot papers and of the result of the verification of the ballot paper accounts,
c
the tendered votes lists, the lists of blind voters assisted by companions, the lists of votes marked by the presiding officer and the related statements, and the declarations made by the companions of blind voters,
d
the packets of counterfoils and certificates as to employment on duty on the day of the poll, and
e
the packets containing marked copies of registers and of lists of proxies,
endorsing on each packet a description of its contents and the name of the area for which the counting officer was appointed.
Application of enactments
13
1
The provisions set out in column (1) of Tables 1 to 4 below shall have effect in relation to the referendum in Scotland.
2
The provisions set out in column (1) of Tables 1 to 3 and 5 below shall have effect in relation to the referendum in Wales.
3
In their application for the purposes of a referendum, the provisions set out in column (1) of the Tables below shall have effect with the modifications shown in column (2) and any other necessary modifications; in particular, except where the context otherwise requires—
a
a reference to an election shall be construed as a reference to a referendum,
b
a reference to a constituency shall be construed as a reference to a local government area in Scotland or a county or county borough in Wales,
c
a reference to voting for, or a vote for, a candidate shall be construed as a reference to voting for, or a vote for, a proposition,
d
a reference to promoting or procuring the election of a candidate, or furthering a person’s candidature, shall be construed as a reference to promoting or procuring a particular result in a referendum,
e
a reference to the return of a person shall be construed as a reference to a particular result in a referendum,
f
a reference to a person voting as an elector shall be construed as a reference to a person voting on his own behalf,
g
a reference to a person’s entitlement as an elector to an absent vote shall be construed as a reference to a person’s entitlement to vote by post on his own behalf or to vote by proxy,
h
where anything is required to be done in the presence of election, polling, counting or other agents, the reference to the presence of agents shall be ignored,
i
a reference to anything being prescribed shall be construed as a reference to its being provided for by a provision of subordinate legislation applied by this Schedule,
j
a form which is required to be used may be used with such variations as the circumstances may require, and
k
a reference to the registration officer is a reference to the relevant registration officer appointed under section 8 of the M9Representation of the People Act 1983; and for the purpose of the exercise of a registration officer’s functions in relation to a referendum, sections 52(1) to (4) (discharge of registration duties) and 54(1), (3) and (4) (payment of expenses of registration) of the 1983 Act shall have effect.
REPRESENTATION OF THE PEOPLE ACT 1983
(1) | (2) |
---|---|
Provision | Modification |
Section 18 (polling districts and polling places) | For subsections (1) to (8) substitute—
|
Section 29(3) to (4A) and (5) to (9) (payments by and to returning officer) | A reference to a returning officer is to be construed as a reference to a returning officer, a counting officer or a Chief Counting Officer. |
Section 30(1) to (3) (taxation of returning officer’s account) | A reference to a returning officer shall be construed as a reference to a returning officer, a counting officer or a Chief Counting Officer. |
Section 47(1) (loan of equipment for local elections) | Omit the words “at a local government election”. |
Section 49(2), (4) and (5) (effect of registers) | In subsection (5)— (a) omit “a parliamentary or”, and (b) omit “prevent the rejection of the vote on a scrutiny, or”. |
Section 50(b) and (c) (effect of misdescription) | |
Section 60 (personation) | |
Section 61 (other voting offences) | For subsections (2) to (4) substitute—
|
Section 63 (breach of official duty) | The reference in subsection (3)(b) to a returning officer shall be construed as a reference to a returning officer, a counting officer or a Chief Counting Officer. |
Section 65 (tampering with papers) | The reference in subsection (3) to a returning officer shall be construed as a reference to a returning officer, a counting officer or a Chief Counting Officer. |
Section 66 (requirement of secrecy) | For subsection (1)(b) substitute—
|
Section 92 (broadcasting from outside the United Kingdom). | |
Section 94(1) (imitation poll cards) | |
Section 95 (schools and rooms for meetings) | For subsection (1) substitute—
|
Omit subsection (2). | |
In subsection (3), omit “situated in the constituency”. | |
In subsection (4), omit “or on whose behalf”. | |
In subsection (5), for “candidate” substitute | |
The lists maintained in accordance with paragraph 3 of Schedule 5 to the 1983 Act shall have effect for the purposes of a referendum; and any person shall, before a referendum, be entitled at all reasonable hours to inspect those lists or a copy of them. | |
Section 97 (disturbances at election meetings) | For subsection (2) substitute—
|
Section 100(1) and (2) (illegal canvassing by police officers) | In subsection (1), for the words from “from giving his vote” to the end substitute |
Sections 101 to 104 (conveyance of voters) | |
Section 105(1) and (3) (access to polling place by sea) | The reference in subsection (1) to a county constituency shall be construed as a reference to a local government area in Scotland or a county or county borough in Wales. |
Section 109 (payments for exhibition of election notices) | |
Section 110 (printer’s name and address on election publications) | For subsection (3) substitute—
|
Section 111 (prohibition of paid canvassers) | |
Section 112(a) and (c) (providing money for illegal purposes) | |
Sections 113 to 115 (bribery, treating and undue influence) | |
Section 116(a) (rights of creditors) | |
Section 117(2) (granting employees right of absence to vote) | |
In section 118 (interpretation of Part II), the definitions of “money”, “pecuniary reward” and “payment” | |
Section 160(4), (5) and (7) (persons guilty of corrupt or illegal practices) | This section has effect only for the purposes of the application of section 173; and— (a) a reference in subsection (4) or (5) to an election is not affected by paragraph 13(3)(a) of this Schedule, and (b) for subsection (5)(a) and (b), and the words in subsection (5) after paragraph (b), substitute—
|
Section 167 (application for relief) | |
Sections 168 to 170 (prosecutions for corrupt and illegal practices) | |
Section 173 (incapacities on conviction of corrupt or illegal practice) | |
Sections 174 to 176 (mitigation of incapacities, illegal payments, etc., and prosecutions) | |
Section 177 (summary trial) | For “in the county in which the local government area for which the election was held is situated or which it adjoins” substitute |
Section 178 (prosecution of offences committed outside the United Kingdom) | |
Section 179 (offences by associations) | |
Section 181(1) (Director of Public Prosecutions) | |
Section 184 (service of notices) | |
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) | |
In 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”, “parliamentary elections rules”, “person”, and “voter”; and subsection (2) | |
Section 203(1) (local government provisions as to England and Wales) | |
Section 204(1), (3) and (5) (general application to Scotland) |
PARLIAMENTARY ELECTIONS RULES (SCHEDULE 1 TO THE M10REPRESENTATION OF THE PEOPLE ACT 1983)
(1) | (2) |
---|---|
Provision | Modification |
Rule 20 (ballot papers: official mark) | For paragraph (2) substitute—
|
Rule 22(1) and (2) (use of schools and public rooms) | |
Rule 23(1) (notice of poll) | For “in the statement of persons nominated include” substitute |
Rule 24 (postal ballot papers) | Omit “and in no event later than any date which may be prescribed as the last date for the purpose”. |
Rule 25 (provision of polling stations) | |
Rule 26 (appointment of presiding officers and clerks) | In paragraph (1), for the words from “but he shall not appoint” to the end substitute |
Rule 28(1) to (3) (issue of official poll cards) | |
Rule 29 (equipment of polling stations) | For the notice referred to in paragraph (4) substitute the notice in the Appendix to this Schedule. |
For paragraph (5) substitute—
| |
Rule 31 (notification of requirement of secrecy) | The reference in paragraph (a) to section 66 of the 1983 Act shall be construed as a reference to that section as modified in Table 1. |
The duty under paragraph (b) shall be the duty not of the returning officer but of the counting officer. | |
Rule 32(1), (3) and (4) (admission to polling station) | In paragraph (1), for sub-paragraphs (a) and (b) substitute—
|
Rule 33 (keeping order in station) | |
Rule 34 (sealing of ballot boxes) | |
Rule 35 (questions to be put to voters) | For paragraphs (1) and (2) substitute—
|
In the case of the referendum in Wales, article 5 of, and Forms 1 to 3 in Schedule 2 to, the Representation of the M11People (Welsh Forms) Order 1989 (which prescribe Welsh versions of questions) shall have effect in relation to rule 35 as applied in this Table, with the following modifications— (a) in Form 1— (i) for “seneddol” substitute (ii) for “yr etholiad hwn” substitute (iii) for “yr is-etholiad [etholiad cyffredinol] hwn” substitute (b) in Form 2, for “yr etholiad hwn” and “yr is-etholiad [etholiad cyffredinol] hwn” substitute (c) in Form 3, for “yr etholiad hwn ac yn yr etholaeth hon” substitute | |
Rule 36 (challenge of voter) | For “a candidate or his election or polling agent” substitute |
Rule 37 (voting procedure) | In the case of the referendum in Scotland, a person may apply under this rule for either or both of the two forms of ballot paper. |
Rule 38 (votes marked by presiding officer) | |
Rule 39 (voting by blind persons) | |
Rule 40 (tendered ballot papers) | |
Rule 41 (spoilt ballot papers) | |
Rule 42 (adjournment of poll in case of riot) | After “returning officer” insert |
Rule 43 (procedure on close of poll) | A reference to the returning officer is to be construed as a reference to the counting officer. |
Rule 45 (the count) | A reference to the returning officer is, except in paragraph (2), to be construed as a reference to the counting officer. |
A reference to counting agents or election agents is to be construed as a reference to observers. | |
In paragraph (5), for “election agent” substitute | |
In paragraph (6), for “in so far as he and the agents agree” substitute | |
For paragraph (7) substitute—
| |
Rule 47 (rejected ballot papers) | A reference to the returning officer is to be construed as a reference to the counting officer. |
In paragraph (3), omit from “and shall add to the endorsement” to the end. | |
Rule 54 (sealing up of ballot papers) | A reference to the returning officer is to be construed as a reference to the counting officer. |
The Appendix of Forms: form of declaration to be made by the companion of a blind voter | For “election now being held in this constituency”— (a) in the case of the referendum in Scotland substitute (b) in the case of the referendum in Wales substitute |
For “said election” in each place substitute | |
In the case of the referendum in Wales, article 5 of, and Form 6 in Schedule 2 to, the M12Representation of the People (Welsh Forms) Order 1989 (which prescribe a Welsh version of the form of declaration to be made by the companion of a blind voter) shall have effect in relation to the form in the Appendix as applied in this Table, with the following modifications— (a) for “yr etholiad a gynhelir yn awr yn yr etholaeth hon” substitute (b) for the second and third “yr etholiad” substitute |
THE M13REPRESENTATION OF THE PEOPLE ACT 1985
(1) | (2) |
---|---|
Provision | Modification |
In the application of any provision of the 1985 Act to a referendum, a reference to prescribed requirements is to be construed as a reference to the requirements of the provisions of— (a) in the case of the referendum in Scotland, the M14Representation of the People (Scotland) Regulations 1986, and (b) in the case of the referendum in Wales, the M15Representation of the People Regulations 1986, as applied by Tables 4 and 5. | |
Section 5 (manner of voting) | In subsection (1), for “at a parliamentary or local government election” substitute |
In subsection (5) for “constituency or, as the case may be, electoral area” substitute | |
For subsection (6) substitute—
| |
In subsection (7), for the definition of “appropriate rules” substitute—
| |
Section 7 (absent vote at a particular election and absent voters list) | In subsection (1)— (a) for “at a particular parliamentary or local government election” substitute (b) for paragraph (b) substitute—
|
In subsection (2)— (a) for “elections of the kind in question”, in each place, substitute (b) for “in respect of a particular parliamentary or local government election” substitute | |
In subsection (4)— (a) for “in respect of each parliamentary or local government election” substitute (b) for paragraph (a)(ii) substitute—
(c) for paragraph (b) substitute—
| |
Section 8 (proxies) | In subsection (1), for “at any parliamentary or local government election” substitute |
For subsection (2) substitute—
| |
Omit subsection (3). | |
In subsection (3A)— (a) for “at a local government election” substitute (b) for “at that election as an elector” substitute | |
For subsection (5) substitute—
| |
Subsection (6) shall not have effect to permit applications in relation to referendums; but an appointment made under subsection (6) which has effect in relation to local government elections shall have effect in relation to a referendum. | |
For subsection (7) substitute—
| |
For subsections (9) and (10) substitute—
| |
Section 9 (voting as proxy) | In subsections (1), (3) and (9), for “parliamentary or local government election” substitute |
Subsections (4) to (6) shall not have effect to permit applications in relation to referendums; but the record kept under subsection (6) shall have effect for the purposes of the application to the referendums of subsection (9). | |
In subsections (8) and (9), for “elections of the kind in question” substitute | |
In subsection (10), for “is or will be registered in the register of parliamentary electors, local government electors, or both (as the case may be)” substitute | |
Section 12(3) and (4) (offences) |
THE M16REPRESENTATION OF THE PEOPLE (SCOTLAND) REGULATIONS 1986
(1) | (2) |
---|---|
Provision | Modification |
In regulation 4(1) (interpretation), the definitions of “available for inspection”, “electoral area”, “local authority”, “local government area”, “postal proxy”, “register”, “registration area” and “registration officer” | |
Regulation 5(1)(b) and (2) (forms) | |
Regulation 6(1) and (2) (sending of applications, notices, etc.) | |
Regulation 8 (misnomers) | |
Regulation 10 (official poll card) | |
Regulation 12 (interference with notices, etc.) | |
Regulation 61 (absent voters: general requirements for applications) | |
Regulation 64 (applications in respect of a particular election) | |
Regulation 65 (additional requirements for applications for appointments of proxy) | |
Regulation 66 (additional requirements for application by proxies to vote by post at a particular election) | |
Regulation 67(1) to (5) (closing dates for applications) | |
Regulation 68 (grant or refusal of applications) | The reference to Form C shall be construed as a reference to the form of proxy paper in the Appendix to this Schedule. |
Regulation 70 (cancellation of proxy appointment) | |
Regulation 72 (records and lists) | |
Regulation 73 (marked register for polling stations) | |
Regulation 74 (certificate of employment at an election) | |
Regulation 75 (interpretation of Part V) | |
Regulation 77 (form of declaration of identity) | Omit the words after “Form G”. |
Regulation 78(1)(a) (persons entitled to be present at issue and receipt of postal ballot papers) | |
Regulation 79 (notification of requirement of secrecy) | |
Regulation 81(1) and (2) (marking of postal ballot papers) | |
Regulation 82 (refusal to issue postal ballot paper) | For the words from “more than one ballot paper” to the end substitute |
Regulation 83(1) and (2) (envelopes) | |
Regulation 84 (delivery of postal ballot papers to post office) | |
Regulation 85 (provision of postal voters’ ballot box) | For paragraph (2) substitute—
|
Regulation 86 (sealing up of special lists and counterfoils) | |
Regulation 87 (spoilt postal ballot papers) | In paragraph (1)— (a) for “his postal paper” substitute (b) for “the spoilt postal ballot paper” substitute |
Omit paragraph (2). | |
In paragraph (3)— (a) for “another postal ballot paper or, as the case may be, ballot papers” substitute (b) for “another ballot paper (or ballot papers)” substitute | |
In paragraph (5), for the words “The spoilt postal ballot paper, and any other postal ballot paper issued with it under regulation 76 above,” substitute | |
Regulation 88 (receipt of covering envelope) | |
Regulation 89(1) and (2) and (4) to (7) (opening of postal voters’ ballot box) | In paragraph (4) for the words from “and every such ballot box” to the end substitute |
Regulation 90 (opening of covering envelopes) | |
Regulation 91 (sealing up of rejected votes and declarations of identity) | |
Regulation 92 (opening of ballot paper envelopes) | |
Regulation 94 (forwarding of documents) | For paragraph (1) substitute—
|
Omit paragraphs (3) and (4). | |
In Schedule 2 (forms), Form D (elector’s official poll card) | On the front of the card— (a) for the heading “REPRESENTATION OF THE PEOPLE ACTS” substitute (b) for “Constituency” substitute |
On the back of the card— (a) for the heading substitute (b) in paragraph 2, for “a ballot paper” substitute (c) in paragraph 2, for “on it” substitute (d) for paragraphs 3 to 5 substitute—
| |
In Schedule 2 (forms), Form E (proxy’s official poll card) | On the back of the card, for “elector’s ballot paper” substitute |
In Schedule 2 (forms), Form F (certificate of employment) | For the heading “ELECTION IN THE.................... CONSTITUENCY” substitute |
For “constituency named above” and “above constituency” substitute | |
For “election” in each place substitute | |
In Schedule 2 (forms), Form G (declaration of identity) | On the front of the form, for the heading “REPRESENTATION OF THE PEOPLE ACTS” substitute |
For “Ballot Paper No.” substitute | |
For “the ballot paper numbered as above was sent” substitute | |
On the back of the form— (a) for paragraphs 2 and 3 substitute—
(b) in paragraph 4, for “ballot paper” in each place substitute (c) for paragraph 5 substitute—
(d) in paragraph 6, for “election” substitute (e) for paragraph 7 substitute—
|
THE M17REPRESENTATION OF THE PEOPLE REGULATIONS 1986
(1) | (2) |
---|---|
Provision | Modification |
In regulation 4(1) (interpretation), the definitions of “available for inspection”, “postal proxy”, “register”, and “registration officer”. | |
Regulation 6(1)(b) (forms) | |
Regulation 7 (sending of applications, notices, etc.) | |
Regulation 9 (misnomers) | |
Regulation 11 (official poll card) | The reference to Form E is to be construed as a reference to the form of elector’s official poll card in Part II of the Schedule to the Representation of the M18People (Welsh Forms) Order 1986 with the following modifications— (a) on the front of the card, for “REPRESENTATION OF THE PEOPLE ACTS” and “DEDDFAU CYNRYCHIOLAETH Y BOBL” substitute (b) on the front of the card, for “Constituency” and “Etholaeth” substitute (c) on the back of the card, for “PARLIAMENTARY ELECTION” and “ETHOLIAD SENEDDOL” substitute (d) on the back of the card, for the third paragraph in English substitute—
(e) on the back of the card, for the third paragraph in Welsh substitute—
(f) on the back of the card, in the penultimate and final paragraphs in English and in Welsh, for “this election” and “yr etholiad hwn” substitute (g) on the back of the card, omit the fifth paragraph in English and in Welsh. |
The reference to Form F is to be construed as a reference to the form of proxy’s official poll card in Part II of the Schedule to the Representation of the M19People (Welsh Forms) Order 1986 with the following modifications— (a) on the front of the card, omit “REPRESENTATION OF THE PEOPLE ACTS” and “DEDDFAU CYNRYCHIOLAETH Y BOBL”, (b) on the front of the card, for “PARLIAMENTARY ELECTION” and “ETHOLIAD SENEDDOL” substitute (c) on the front of the card, for “Etholaeth” and “Constituency” substitute (d) on the back of the card, in the penultimate and final paragraphs in English and in Welsh, for “this election” and “yr etholiad hwn” substitute | |
Regulation 13 (interference with notices, etc.) | |
Regulation 63 (absent voters: general requirements for applications) | |
Regulation 66 (additional requirements for applications in respect of a particular election) | |
Regulation 67 (additional requirements for applications for appointment of proxy) | |
Regulation 68 (additional requirements for applications by proxies to vote by post at a particular election) | |
Regulation 69(1) to (5) (closing dates for applications) | |
Regulation 70 (grant or refusal of applications) | The reference to Form D shall be construed as a reference to the form of proxy paper in the Appendix to this Schedule. |
Regulation 72 (cancellation of proxy appointment) | |
Regulation 74 (records and lists) | |
Regulation 75 (marked register for polling stations) | |
Regulation 76 (certificate of employment at an election) | The reference to Form G is to be construed as a reference to the form of certificate of employment in the Appendix to this Schedule. |
Regulation 77 (interpretation of Part V) | |
Regulation 79 (form of declaration of identity) | For the words from “shall be” to the end substitute “shall be in the form of Form 3 in Schedule 1 to the Representation of the M20People (Welsh Forms) Order 1989 with the following modifications— (a) on the front of the form, for the headings substitute—
(b) on the back of the form, for paragraphs 2 and 3 in English substitute—
(c) on the back of the form, for paragraphs 2 and 3 in Welsh substitute—
(d) on the back of the form, in paragraph 5 in English and in Welsh, for “same election” and “yr un etholiad” substitute (e) on the back of the form, in paragraph 6 in English and in Welsh, for “this election” and “yr etholiad hwn” substitute (f) on the back of the form, renumber paragraphs 4 to 7 in English and in Welsh accordingly.” |
Regulation 80(1)(a) (persons entitled to be present at issue and receipt of postal ballot papers) | |
Regulation 81 (notification of requirement of secrecy) | |
Regulation 83(1) and (2) (marking of postal ballot papers) | |
Regulation 84 (refusal to issue postal ballot paper) | |
Regulation 85(1) and (2) (envelopes) | |
Regulation 86 (delivery of postal ballot papers to post office) | |
Regulation 87 (provision of postal voters’ ballot box) | For paragraph (2) substitute—
|
Regulation 88 (sealing up of special lists and counterfoils) | |
Regulation 89 (spoilt postal ballot papers) | Omit paragraph (2). |
In paragraph (3)— (a) omit “or, as the case may be, ballot papers”, and (b) omit “(or ballot papers)”. | |
In paragraph (5) omit “, and any other postal ballot paper issued with it under Regulation 78 above”. | |
Regulation 90 (receipt of covering envelope) | |
Regulation 91(1) and (2) and (4) to (7) (opening of postal voters’ ballot box) | In paragraph (4) for the words from “and every such ballot box” to the end substitute |
Regulation 92 (opening of covering envelopes) | |
Regulation 93 (sealing up of rejected votes and declarations of identity) | |
Regulation 94 (opening of ballot paper envelopes) | |
Regulation 96 (forwarding of documents) | For paragraph (1) substitute—
|
Omit paragraphs (2), (4) and (5). |
APPENDIX FORMS
FORM OF BACK OF BALLOT PAPER: REFERENDUM IN SCOTLAND
No.
Referendum: [name of local government area]
Note.– The number on the ballot paper is to correspond with that on the counterfoil and is to be printed in small characters.
FORM OF BACK OF BALLOT PAPER: REFERENDUM IN WALES
No./Rhif....................
*County/County Borough.................... *Sir/Bwrdeistref Sirol
*Delete whichever is inapplicable
*Dileer yr un anaddas
Note.– The number on the ballot paper is to correspond with that on the counterfoil and is to be printed in small characters.
Sylwer.– Rhaid i’r rhif ar y papur pleidleisio gyfatebâ’r rhif ar yr wrthddalen a chael ei argraffu mewn cymeriadau bach.
FORM OF GUIDANCE FOR VOTERS: REFERENDUM IN SCOTLAND GUIDANCE FOR VOTERS
1
When you are given ballot papers make sure they are stamped with the official mark.
2
Take the ballot papers to one of the voting compartments and read them carefully. On each ballot paper mark a cross (X) in the box to the right of the proposition you are voting for. Put no other mark on the ballot paper or your vote may not be counted.
3
Fold each ballot paper in two. Show the official mark to the presiding officer, but do not let anyone see your vote. Put the ballot papers in the ballot box and leave the polling station.
4
If by mistake you spoil a ballot paper, show it to the presiding officer and ask for another one.
FORM OF GUIDANCE FOR VOTERS: REFERENDUM IN WALES GUIDANCE FOR VOTERS
1
When you are given a ballot paper make sure it is stamped with the official mark.
2
Take the ballot paper to one of the voting compartments and read it carefully. On the ballot paper mark a cross (X) in the box to the right of the proposition you are voting for. Put no other mark on the ballot paper or your vote may not be counted.
3
Fold the ballot paper in two. Show the official mark to the presiding officer, but do not let anyone see your vote. Put the ballot paper in the ballot box and leave the polling station.
4
If by mistake you spoil a ballot paper, show it to the presiding officer and ask for another one.
CYFARWYDDYD I BLEIDLEISWYR
1
Pan roir i chi bapur pleidleisio gwnewch yn siwr iddo gael ei stampio â’r marc swyddogol.
2
Ewch â’r papur pleidleisio i un o’r cabanau pleidleisio a darllenwch ef yn ofalus. Ar y papur pleidleisio rhowch groes (X) yn y blwch i’r dde o’r gosodiad yr ydych yn pleidleisio drosto. Peidiwch â rhoi unrhyw farc arall ar y papur pleidleisio neu fe all na chaiff eich pleidlais ei chyfrif.
3
Plygwch y papur yn ddau. Dangoswch y marc swyddogol i’r swyddog llywyddu, ond peidiwch â gadael i neb weld eich pleidlais. Rhowch y papur pleidleisio yn y blwch pleidleisiau a mynd allan o’r orsaf bleidleisio.
4
Os bydd i chi drwy gamgymeriad ddifetha eich papur pleidleisio, ewch a’i ddangos i’r swyddog llywyddu a gofyn am un arall.
CERTIFICATE OF EMPLOYMENT: REFERENDUM IN WALES
CERTIFICATE OF EMPLOYMENT
TYSTYSGRIF CYFLOGAETH
PROXY PAPER: REFERENDUM IN SCOTLAND
FRONT OF PAPER
REFERENDUM
BACK OF PAPER YOUR RIGHT TO VOTE AS PROXY
1
This proxy paper gives you the right to vote as proxy on behalf of the elector whose name is given overleaf.
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.
3
Prior to the elector applying to have you appointed as proxy, you should have been consulted and asked if you were capable of being, and willing to be, appointed as proxy, or you should have signed a statement to the effect that you were capable of being, and were willing to be appointed as proxy. You are capable of being appointed as proxy if you are at least 18 years old on polling day, a British or other Commonwealth citizen, a citizen of any other member state of the European Union, a citizen of the Republic of Ireland and not for any reason disqualified from voting. If for any reason you are not capable of being, or are not willing to be, the proxy please advise the elector, without delay, in order that the elector may cancel the appointment.
4
You may vote as proxy at the polling station allotted to the elector on whose behalf you are appointed. However, you may not vote as proxy in any electoral area for more than two electors of whom you are not the husband, wife, parent, grandparent, brother, sister, child or grandchild. Shortly before polling day you will be sent a proxy poll card telling you where the polling station is. You do not need to take either the poll card or this proxy paper to the polling station but you may find it helpful to do so. You should note that the elector may still vote in person. If ballot papers are issued to the elector at the polling station before you apply there for ballot papers as the proxy, you will not be entitled to vote as the proxy.
5
You may also apply to vote by post as proxy at the referendum if the Electoral Registration Officer is satisfied that you cannot reasonably be expected to vote in person at the elector’s polling station.
Any application to vote by post as proxy should be made on Form R.P.F. 11 REF (Scotland) which may be obtained from the Electoral Registration Officer. You should note that the Electoral Registration Officer cannot allow an application to vote by post at the referendum if he receives it after 5.00 p.m. on the eleventh working day before the poll.
6
It is an offence to vote, whether in person or by post, as proxy for some other person if you know that person is subject to a legal incapacity to vote, e.g. if that person has been convicted and is detained in a penal institution in pursuance of his sentence.
PROXY PAPER: REFERENDUM IN WALES REFERENDUM
REFFERENDWM
YOUR RIGHT TO VOTE AS PROXY EICH HAWL I BLEIDLEISIO FEL DIRPRWY
1
This proxy paper gives you the right to vote as proxy on behalf of the elector whose name is given overleaf.
1
Rhydd y papur dirprwy hwn hawl i chi bleidleisio fel dirprwy dros yr etholwr(aig) a enwir drosodd.
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.
2
Penodir chi yn ddirprwy ar gyfer y refferendwm yn unig. Mae gennych hawl i bleidleisio fel dirprwy yn y refferendwm a bennir yn y papur dirprwy yn unig.
3
Prior to the elector applying to have you appointed as proxy you should have been consulted and asked if you were capable of being, and willing to be, appointed as proxy, or you should have signed a statement to the effect that you were capable of being, and were willing to be appointed as proxy. You are capable of being appointed as proxy if you are at least 18 years old on polling day, a British or other Commonwealth citizen, a citizen of any other member state of the European Union, a citizen of the Republic of Ireland and not for any reason disqualified from voting. If for any reason you are not capable of being, or are not willing to be, the proxy please advise the elector, without delay, in order that the elector may cancel the appointment.
3
Cyn i’r etholwr(aig) wneud cais i chi gael eich penodi yn ddirprwy, dylid bod wedi ymgynghori â chi a gofyn i chi a oeddech yn gymwys i fod yn ddirprwy ac yn fodlon i gael eich penodi, neu dylech fod wedi llofnodi datganiad eich bod yn gymwys i fod yn ddirprwy ac yn fodlon i gael eich penodi. Yr ydych yn gymwys i’ch penodi yn ddirprwy os ydych yn 18 oed o leiaf ar y dyddiad pleidleisio, yn ddinesydd Prydeinig neu’n ddinesydd un arall o wledydd y Gymanwlad, yn ddinesydd un arall o aelod-wladwriaethau yr Undeb Ewropeaidd, yn ddinesydd Gweriniaeth Iwerddon a heb eich gwahardd rhag pleidleisio am unrhyw reswm. Os nad ydych, am unrhyw reswm, yn gallu bod yn ddirprwy neu yn fodlon cael eich penodi yn ddirprwy, rhowch wybod i’r etholwr(aig), yn ddioed, er mwyn i’r etholwr(aig) ddileu’r penodiad.
4
You may vote as proxy at the polling station allotted to the elector on whose behalf you are appointed. However, you may not vote as proxy in any electoral area for more than two electors of whom you are not the husband, wife, parent, grandparent, brother, sister, child or grandchild. Shortly before polling day you will be sent a proxy poll card telling you where the polling station is. You do not need to take either the poll card or this proxy paper to the polling station but you may find it helpful to do so. You should note that the elector may still vote in person. If a ballot paper is issued to the elector at the polling station before you apply there for a ballot paper as the proxy, you will not be entitled to vote as the proxy.
4
Cewch bleidleisio fel dirprwy yn yr orsaf bleidleisio a bennwyd i’r etholwr(aig) y penodwyd chi drosto/drosti. Er hynny, ni chewch bleidleisio fel dirprwy mewn unrhyw ranbarth etholiadol dros fwy na dau o etholwyr nad ydych yn wr, gwraig, rhiant, tad-cu neu fam-gu, brawd, chwaer, plentyn, wyr neu wyres iddynt. Ychydig cyn y dyddiad pleidleisio anfonir cerdyn pleidleisio dirprwy atoch yn dweud lle mae’r orsaf bleidleisio. Nid oes angen i chi fynd â ’r cerdyn pleidleisio na’r papur dirprwy hwn gyda chi i’r orsaf bleidleisio, ond hwyrach y bydd o gymorth i chi wneud hynny. Sylwer y caiff yr etholwr(aig) ddal i bleidleisio yn bersonol. Os rhoddir papur pleidleisio i’r etholwr(aig) yn yr orsaf bleidleisio cyn i chi wneud cais yno am bapur pleidleisio fel y dirprwy, ni fydd gennych hawl i bleidleisio fel y dirprwy.
5
You may also apply to vote by post as proxy at the referendum if the Electoral Registration Officer is satisfied that you cannot reasonably be expected to vote in person at the elector’s polling station.
Any application to vote by post as proxy should be made on Form DR93 which may be obtained from the Electoral Registration Officer. You should note that the Electoral Registration Officer cannot allow an application to vote by post at the referendum if he receives it after 5.00 pm on the eleventh working day before the poll.
5
Cewch wneud cais hefyd am bleidleisio drwy’r post fel dirprwy yn y refferendwm os yw’r Swyddog Cofrestru Etholiadol yn fodlon nad yw’n rhesymol disgwyl i chi bleidleisio’n bersonol yng ngorsaf bleidleisio yr etholwr(aig).
Dylai unrhyw gais am bleidleisio drwy’r post fel dirprwy gael ei wneud ar Ffurflen DR93 y gellir ei chael oddi wrth y Swyddog Cofrestru Etholiadol. Sylwer na all y Swyddog Cofrestru Etholiadol ganiatáu cais am bleidleisio drwy’r post yn y refferendwm os daw’r cais i law ar ôl 5.00 pm ar yr unfed diwrnod gwaith ar ddeg cyn y bleidlais.
6
It is an offence to vote, whether in person or by post, as proxy for some other person if you know that person is subject to a legal incapacity to vote (eg if that person has been convicted and is detained in a penal institution in pursuance of his sentence).
6
Mae’n drosedd pleidleisio, boed yn bersonol neu drwy’r post, fel dirprwy dros ryw berson arall os gwyddoch fod y person hwnnw yn methu yn gyfreithiol â phleidleisio, (e.e. os yw’r person wedi’i gollfarnu ac wedi’i gadw mewn carchar yn unol â ’i ddedfryd).