Referendums (Scotland and Wales) Act 1997
On 11th September 1997, a referendum shall be held in Scotland on the establishment and tax-varying powers of a Scottish Parliament.
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.
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 Representation 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.
The Secretary of State shall appoint a Chief Counting Officer for Scotland.
The Chief Counting Officer shall appoint a counting officer for each local government area in Scotland.
Each counting officer shall—
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
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.
The Chief Counting Officer shall certify, for each of the two forms of ballot paper, the total of— for the whole of Scotland.
the ballot papers counted, and
the votes cast for each proposition,
On 18th September 1997, a referendum shall be held in Wales on the establishment of a Welsh Assembly.
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.
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 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.
The Secretary of State shall appoint a Chief Counting Officer for Wales.
The Chief Counting Officer shall appoint a counting officer for each county or county borough in Wales.
Each counting officer shall—
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
certify the number of ballot papers counted by him and the number of votes cast for each proposition.
The Chief Counting Officer shall certify the total of— for the whole of Wales.
the ballot papers counted, and
the votes cast for each proposition,
Schedule 3 (conduct of the referendums, etc.) shall have effect.
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).
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.
Any expenditure of a Minister of the Crown— shall be paid out of money provided by Parliament.
in connection with a referendum held by virtue of this Act, or
in preparation for a Scottish Parliament or a Welsh Assembly,
This Act may be cited as the Referendums (Scotland and Wales) Act 1997.
Section 1(2).
Section 2(2).
Section 3.
The provisions of this Schedule shall have effect in relation to the referendums under sections 1 and 2.
In calculating any period of time for the purposes of any provision of, or applied by, this Act, the following days shall be disregarded. In relation to the referendum in Scotland, the days are— In relation to the referendum in Wales, the days are—
The Town 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. The Town 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.
In relation to premises in Scotland, section 98 of the Representation 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. In relation to premises in Wales, section 65(6) of the Local Government Finance Act 1988 (occupation for election meetings and polls) shall have effect as if—
Functions conferred by this Schedule on the returning officer shall be exercised— A returning officer may, in writing, appoint one or more persons to discharge all or any of his functions. 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.
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. 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.
A counting officer may, in writing, appoint one or more persons to discharge all or any of his functions.
Order 45, rule 1 of the County 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. 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.
The hours of polling shall be between 7 a.m. and 10 p.m.
The back of the ballot papers shall be in the form set out in the Appendix. A ballot paper— For the referendum in Scotland, the two forms of ballot paper shall be of different colours.
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. No person may attend the counting of votes for any voting area unless he is— 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. 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— In this paragraph “voting area” means a local government area in Scotland or a county or county borough in Wales.
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— endorsing on each packet a description of its contents and the name of the area for which the counting officer was appointed.
the packets of ballot papers in his possession,
the ballot paper accounts and the statements of rejected ballot papers and of the result of the verification of the ballot paper accounts,
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,
the packets of counterfoils and certificates as to employment on duty on the day of the poll, and
the packets containing marked copies of registers and of lists of proxies,
The provisions set out in column (1) of Tables 1 to 4 below shall have effect in relation to the referendum in Scotland. 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. 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—
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.
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.
When you are given ballot papers make sure they are stamped with the official mark. 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. 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. If by mistake you spoil a ballot paper, show it to the presiding officer and ask for another one.
When you are given a ballot paper make sure it is stamped with the official mark. 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. 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. If by mistake you spoil a ballot paper, show it to the presiding officer and ask for another one.
Pan roir i chi bapur pleidleisio gwnewch yn siwr iddo gael ei stampio â’r marc swyddogol. 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. 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. Os bydd i chi drwy gamgymeriad ddifetha eich papur pleidleisio, ewch a’i ddangos i’r swyddog llywyddu a gofyn am un arall.
This proxy paper gives you the right to vote as proxy on behalf of the elector whose name is given overleaf. 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. 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. 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. 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. 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.
This proxy paper gives you the right to vote as proxy on behalf of the elector whose name is given overleaf. Rhydd y papur dirprwy hwn hawl i chi bleidleisio fel dirprwy dros yr etholwr(aig) a enwir drosodd. 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. 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. 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. 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. 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. 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. 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. 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. 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). 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).