SCHEDULE 3APPLICATION, WITH MODIFICATIONS, OF ACTS AND STATUTORY INSTRUMENTS
(1) | (2) |
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Provision | Modification |
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) (England) Regulations 2001”. |
Schedule 4 (absent voting in Great Britain) | In paragraph 1, in sub-paragraph (1)—
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”. |
(1) | (2) |
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Provision | Modification (if any) |
Section 13B (alteration of registers: pending elections)38 | 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)—
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)39 | In subsection (4), for the words from “by a returning officer” to “London borough)” substitute “by the counting officer for a voting area in relation to the holding of a referendum”. 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 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)40 | In subsection (1), for “the returning officer at a local government election”, substitute “the counting officer at a referendum”. In subsection (2)—
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Section 49(4) and (5) (effect of registers)41 | 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)42 | In subsection (1), after “local government election” and “local government elections”, in each place, insert “or referendum” and “or referendums”, respectively. For subsections (2) to (4) substitute—
In subsection (7), omit paragraph (b) and the word “and” immediately preceding it. |
Section 65 (tampering with papers)43 | In subsection (1)—
In subsection (3), for “clerk”, substitute “person”. |
Section 66 (requirement of secrecy)44 | For subsection (1)(b) substitute—
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Section 66A (prohibition on publication of exit polls)45 | In subsection (2)—
In subsection (4), omit the words after the definition of “publish”. |
Section 92 (broadcasting from outside the United Kingdom)46 | In subsection (1), after “local government election” insert “or referendum”. |
Section 94 (imitation of poll cards)47 | 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)48 | For subsection (1) substitute—
Omit subsection (2). In subsection (3)—
In subsection (4)—
After subsection (4) insert—
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Section 97 (disturbances at election meetings)49 | For subsection (2), substitute—
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Section 100(1) and (2) (illegal canvassing by police offiers)50 | 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)51 | 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
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Section 167 (application for relief)52 | |
Sections 168 to 170 (prosecutions for corrupt and illegal practices)53 | |
Subsections (1)(a)(i), (2) and (3) of section 173 (incapacities on conviction of corrupt or illegal practice)54 | In subsection (1)(a)(i), after “Great Britain”, insert “or at any referendum”. |
Section 174 (mitigation and remission etc.)55 | |
Section 175 (illegal payments etc.)56 | Omit subsection (2). |
Section 176 (time limit for prosecutions)57 | |
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)58 | |
Section 179 (offences by associations) | |
Section 181(1) (Director of Public Prosecutions)59 | |
In section 185 (interpretation of Part III)60, the definitions of “judicial office”, “money” and “pecuniary reward”, “payment” and “public office” | |
Section 200(1) and (2) (public notices, and declarations)61 | |
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)62 | 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)63 | In subsection (1), insert at the end—
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(1) | (2) |
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Provision | Modification (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 22. |
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—
In paragraph (3) omit “at the same election”. |
Rule 16 (prohibition of disclosure of vote) | |
Rule 17 (use of schools and public rooms)65 | |
Rule 18 (notice of poll) | In paragraph (1), for sub-paragraphs (b) to (d), substitute—
For paragraph (2) substitute—
. In paragraph (3), omit the words from “and he shall” to the end. |
Rule 19 (postal ballot papers)66 | |
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 of official poll cards) | For paragraph (3)(a) substitute—
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Rule 23 (equipment of polling stations)67 | For paragraph (5) substitute—
In paragraph (8), for “particulars of the candidate”, substitute “the answer”. In paragraph (9)—
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)—
Omit paragraph (5). For paragraph (6) substitute—
Omit paragraph (7). In paragraph (8)—
In paragraph (9)—
In paragraph (10)—
Omit paragraph (11). In paragraph (12)—
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Rule 25 (notification of requirement of secrecy) | |
Rule 26(1), (3) and (4) (admission to polling station)68 | In paragraph (1)—
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Rule 27 (keeping of order in station) | |
Rule 28 (sealing of ballot boxes) | |
Rule 29 (questions to be put to voters) | For paragraphs (1) and (2) substitute—
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Rule 30 (challenge of 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 disabililties)70 | |
Rule 34 (tendered ballot papers) | |
Rule 35 (spoilt ballot papers) | |
Rule 36 (adjournment of poll in case of riot) | |
Rule 37 (procedure on close of poll)71 | In paragraph (1), for “polling agents” (in both places) substitute “polling observers (if any)”. |
Rule 39 (the count)72 | 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)—
In paragraph (4)—
In paragraph (5)—
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Rule 42 (decisions on ballot papers) | |
Rule 43 (equality of votes) | 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—
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Rule 45 (sealing up of ballot papers) | In paragraph (1), omit “contested” and “, including ballot papers rejected in part”. |
Rule 46 (delivery of documents)73 | 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—
On the back of the form—
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Elector’s official poll card | On the front of the card—
On the back of the card—
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Proxy’s official poll card | On the front of the card—
and
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—
Omit paragraph 4 and renumber paragraph 5. |
Form of certificate of employment | For “REPRESENTATION OF THE PEOPLE ACTS” and “ELECTION IN THE” substitute—
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 disabilities74 | 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) | (2) |
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Provision and, if of limited application, relevant circumstances | Modification (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
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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)—
In paragraph (5)—
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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 65 (combination of polls), where polls are combined in accordance with regulation 14(1), (7) or (11) of the Local Authorities (Conduct of Referendums) (England) Regulations 2001. | After “polls at elections” insert “or polls at an election and a referendum”; After “each election” insert “or, as the case may be, the election and the referendum”; and After “returning officers” insert “or, as the case may be, the returning officers and the counting officer at the referendum”. |
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—
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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) and, where polls are combined in accordance with regulation 14(1), (7) or (11) of the Local Authorities (Conduct of Referendums) (England) Regulations 2001, paragraphs (5) and (6) | In paragraph (5)—
In paragraph (6), for “the poll at one election is taken with the poll at another election”, substitute “polls are taken together”. |
Regulation 73 (refusal to issue postal ballot paper) | |
Paragraphs (1) to (3) of regulation 74 (envelopes) and, where polls are combined in accordance with regulation 14(1), (7) or (11) of the Local Authorities (Conduct of Referendums) (England) Regulations 2001, paragraph (4) | In paragraph (4), for “(under the provisions referred to in regulation 65 above)”, substitute “(under regulation 14(1), (7) or 11)) of the Local Authorities (Conduct of Referendums) (England) Regulations 2001)”. |
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) and, where polls are combined in accordance with regulation 14(1), (7) or (11) of the Local Authorities (Conduct of Referendums) (England) Regulations 2001, paragraph (2) | In paragraph (2), for “more than one election have been issued together under regulation 65 above”, substitute “more than one poll have been issued together”. |
Regulation 78 (lost ballot papers) | |
Regulation 79 (alternative means of returning postal ballot paper or declaration of identity) | For paragraphs (1) and (2), substitute—
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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) (England) Regulations 2001, 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)—
In paragraph (2)—
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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 him/her at the referendum on (insert date)”. Omit “*[This proxy appointment is not valid until …]”. For paragraph 2 of the note substitute—
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Form H (declaration of identity for use when postal ballots are combined) | In paragraph 2 of the Instructions to Voters, after “candidates.]”, insert—
In the direction to returning officers after paragraph 2, after “election”, insert “or referendum”. In paragraph 3 of the Instructions to Voters, after “voting for.”, insert “For the referendum, mark a cross (X) in the box on the right hand side of the ballot paper opposite the answer you are voting for.” In paragraph 5 of those Instructions, after “election”, insert “referendum”. In paragraph 6 of those Instructions, after “elections”, insert “referendums”. |
Form J (declaration of identity for use when polls are combined but the postal ballots are not combined) | On the front of the form, after “REPRESENTATION OF THE PEOPLE ACTS”, insert “[insert name of council] REFERENDUM”. On the back of the form, in the Instructions to Voters—
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