Journal of the 1127th Special Plenary Meeting of the Permanent Council
A referendum is to be held on the voting system for parliamentary elections.
The referendum must be held before 31 October 2011.
The referendum is to be held on 5 May 2011 unless before then an order is made under subsection (4).
If the Minister is satisfied that it is impossible or impracticable for the referendum to be held on 5 May 2011, or that it cannot be conducted properly if held on that day, the Minister may by order appoint a later day as the day on which the referendum is to be held.
Where a day is appointed under subsection (4), the Minister may by order make supplemental or consequential provision, including provision modifying or amending this Act or another enactment (and, in particular, provision modifying or amending this Act as regards the meaning of “voting area” or “counting officer”).
An order under this section may not be made unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.
At present, the UK uses the “first past the post” system to elect MPs to the House of Commons. Should the “alternative vote” system be used instead?
Ar hyn o bryd, mae'r DU yn defnyddio'r system “y cyntaf i'r felin” i ethol ASau i Dŷ'r Cyffredin. A ddylid defnyddio'r system “pleidlais amgen” yn lle hynny?
Schedule 1 has effect in relation to the referendum.
Those entitled to vote in the referendum are—
the persons who, on the date of the referendum, would be entitled to vote as electors at a parliamentary election in any constituency, and
the persons who, on that date, are disqualified by reason of being peers from voting as electors at parliamentary elections but—
would be entitled to vote as electors at a local government election in any electoral area in Great Britain,
would be entitled to vote as electors at a local election in any district electoral area in Northern Ireland, or
would be entitled to vote as electors at a European Parliamentary election in any electoral region by virtue of section 3 of the Representation of the People Act 1985 (peers resident outside the United Kingdom).
In subsection (1)(b)(i) “local government election” includes a municipal election in the City of London (that is, an election to the office of mayor, alderman, common councilman or sheriff and also the election of any officer elected by the mayor, aldermen and liverymen in common hall).
The referendum is to be conducted in accordance with the rules set out in Part 1 of Schedule 2.
Part 2 of that Schedule (forms and directions) has effect for the purposes of those rules.
Schedule 3 (absent voting in the referendum) has effect.
Schedule 4 (application to the referendum of existing provisions) has effect.
Where the date of the poll for one or more of the following is the same as the date of the poll for the referendum, the polls are to be taken together—
a local authority election in England;
a local referendum in England;
a mayoral election in England.
The polls for the referendum and the Welsh Assembly general election in 2011 are to be taken together.
The polls for the referendum and the Scottish parliamentary general election in 2011 are to be taken together.
The polls for— are to be taken together.
the referendum,
the general election of members of the Northern Ireland Assembly to be held on 5 May 2011, and
the Northern Ireland local elections to be held on that date,
The following have effect— Schedule 5, in relation to the polls to be taken together in England under subsection (1); Schedule 6, in relation to the polls to be taken together in Wales under subsection (2); Schedule 7, in relation to the polls to be taken together in Scotland under subsection (3); Schedule 8, in relation to the polls to be taken together in Northern Ireland under subsection (4).
Polls taken together under this section must not be taken together with any other polls (despite provision in any enactment to the contrary).
Section 16 of the Representation of the People Act 1985 (postponement of poll at parish elections etc) does not apply to any polls taken together under subsection (1).
If any of the elections referred to in subsections (2) to (4) are not held on the same day as the referendum, this Part has effect with any necessary adaptations and in particular—
if the Welsh Assembly general election in 2011 is not held on that day, subsection (2) and Schedule 6 do not apply (and Part 3 of Schedule 4 applies with the necessary adaptations);
if the Scottish parliamentary general election in 2011 is not held on that day, subsection (3) and Schedule 7 do not apply (and Part 3 of Schedule 4 applies with the necessary adaptations);
if any of the elections referred to in subsection (4) are not held on that day, that subsection and Schedule 8 either do not apply or apply only in relation to the elections that are held on that day.
Where a day is appointed by an order under section 1(4)—
if that day is the same as the date of a poll mentioned in subsection (1), the Minister may by order make provision disapplying that subsection or any of paragraphs (a) to (c) of it;
if that day is the same as the date of a poll mentioned in subsection (2) or (3), the Minister may by order make provision disapplying the subsection in question;
if that day is the same as the date of a poll mentioned in subsection (4), the Minister may by order make provision disapplying that subsection or either of paragraphs (b) and (c) of it.
Where a day is appointed by an order under section 1(4), and that day is the same as the date of a poll not mentioned in subsections (1) to (4), the Minister may by order—
provide that the polls are to be taken together, and
make provision for and in connection with the combination of the polls.
An order containing provision made under subsection (9) or (10)—
may make supplemental or consequential provision, including provision modifying or amending this Act or another enactment (and, in particular, provision modifying or amending this Act as regards the meaning of “voting area” or “counting officer”);
may not be made unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.
In this section—
a London borough council;
“Parish Elections (Combination of Polls) Rules” means the rules set out in Schedule 3 to the Local Elections (Parishes and Communities) (England and Wales) Rules 2006 (S.I. 2006/3305).
The notice of the poll for each relevant election must be published by not later than the 15th day before the date of the poll. The timetables set out in the following provisions are to be read with whatever modifications are necessary to give effect to sub-paragraph (1)— Sub-paragraph (1) applies instead of rule 12(2) of the Local Referendums (Combination of Polls) Rules.
As soon as practicable after the close of the poll the counting officer must— Rule 40(3) of the referendum rules applies for the purposes of any combined polls; but where proceedings on the issue and receipt of postal ballot papers are not taken together by virtue of regulation 65 of the Representation of the People (England and Wales) Regulations 2001, a reference in rule 40(3) to a counting officer is to be read in relation to the return of ballot papers for a relevant election as a reference to the returning officer for that relevant election. The counting officer must not count any tendered ballot papers. The counting officer, while counting and recording the number of ballot papers, must— The counting officer must, in the presence of the referendum agents and the election agents for the relevant elections— An election agent for a relevant election may copy the statement relating to that relevant election. A counting agent for the referendum present at the verification may copy the statement relating to the referendum. Once the statement relating to the referendum is drawn up, the counting officer must— Rule 40 of the referendum rules does not apply (except for the purposes of sub-paragraph (2) above).
Where separate ballot boxes are used for the referendum and a relevant election, the placing of a ballot paper in the wrong ballot box does not render it void.
As soon as practicable after the close of the poll the counting officer must— The counting officer must not count any tendered ballot papers. The counting officer, while counting and recording the number of ballot papers, must— The counting officer must, in the presence of the referendum agents and the election agents for the Assembly elections— An election agent for an Assembly election may copy the statement relating to that Assembly election. A counting agent for the referendum present at the verification may copy the statement relating to the referendum. Once the statement relating to the referendum is drawn up, the counting officer must— Rule 40 of the referendum rules does not apply.
Where separate ballot boxes are used for the referendum, the Assembly constituency election and the Assembly regional election, the placing of a ballot paper in the wrong ballot box does not render it void.
The functions of the constituency returning officer under rule 33(2) of the Scottish Parliamentary Election Rules are to be carried out by the counting officer.
The cost of taking the combined polls (excluding any cost solely attributable to the referendum or to a particular relevant election), and any cost attributable to their combination, is to be apportioned equally among them.
Forms 2 to 5, 7 and 8 in Part 3 of this Schedule are “relevant forms” for the purposes of rule 10 of the referendum rules.
The notice given by a constituency returning officer under rule 33(2) of the Scottish Parliamentary Election Rules must— The notice given by a counting officer under rule 11(3) of the referendum rules must—
The counting officer for a voting area that is— is the person who, by virtue of section 35 of the 1983 Act, is the returning officer for elections of councillors of the district, county or borough. The counting officer for the City of London voting area is the person who, by virtue of that section, is the returning officer for elections of councillors of the London borough of Westminster. The counting officer for the Isles of Scilly voting area is the person who, by virtue of that section, is the returning officer for elections to the Council of the Isles of Scilly. The counting officer for a voting area in Wales is the person who, by virtue of provision made under section 13(1)(a) of the Government of Wales Act 2006, is the returning officer for elections of members of the National Assembly for Wales for the constituency that forms the voting area. The counting officer for a voting area in Scotland is the person who, by virtue of provision made under section 12(1)(a) of the Scotland Act 1998, is the returning officer for elections of members of the Scottish Parliament for the constituency that forms the voting area. The counting officer for the Northern Ireland voting area is the Chief Electoral Officer for Northern Ireland.
The Chief Counting Officer or a Regional Counting Officer or counting officer may appoint deputies to carry out any or all of the officer's functions. An appointment under sub-paragraph (1) must be in writing. A Regional Counting Officer may appoint however many clerks are necessary to assist in carrying out the officer's functions.
The Electoral Commission must take whatever steps they think appropriate to promote public awareness about the referendum and how to vote in it. The Electoral Commission may take whatever steps they think appropriate to provide, for persons entitled to vote in the referendum, information about each of the two voting systems referred to in the referendum question. Following the referendum, the Electoral Commission must— In sub-paragraph (3) “turnout” means the percentage of those entitled to vote in the referendum who did so. A ballot paper recorded under head (b), (c) or (d) of rule 42(4) of the referendum rules is to be treated as a vote for this purpose.
The counting officer must, in accordance with the relevant postal voting provisions, issue to those entitled to vote by post— together with envelopes for their return complying with the requirements prescribed by the relevant postal voting provisions. The counting officer must also issue to those entitled to vote by post whatever information the officer thinks appropriate about how to obtain— In the case of a ballot paper issued to a person resident in the United Kingdom, the counting officer must ensure that the return of the ballot paper and postal voting statement or declaration of identity is free of charge to the voter.
The counting officer must, as soon as practicable after the publication of notice of the referendum, send to electors and their proxies an official poll card. An official poll card must not be sent to a person— An official poll card must not be sent to a person registered, or to be registered, in pursuance of— An elector's official poll card must be sent or delivered to his or her qualifying address, and a proxy's to his or her address as shown in the list of proxies. In the case of an elector who is entitled to vote in the referendum in England and Wales or Scotland— In the case of an elector who is entitled to vote in the referendum in Northern Ireland— An official poll card or official postal poll card may set out whatever information, in addition to that required by virtue of paragraph (5) or (6), the counting officer thinks appropriate. Different information may be provided in pursuance of paragraph (7) to different electors or descriptions of elector. In this rule—
A referendum agent may, before the commencement of the poll, appoint— A referendum agent may, for each count, designate one counting agent as a person authorised to require a re-count under rule 41. A designation under this paragraph must be made at the same time as the person's appointment as a counting agent. In paragraph (2) “count” includes a re-count and “re-count” includes a further re-count. The counting officer may limit the number of counting agents that may be appointed, so long as— For the purposes of paragraph (4)(b), a counting agent appointed by more than one referendum agent is to be treated as a separate agent for each of them. A referendum agent who appoints a polling or counting agent must give the counting officer notice of the appointment by no later than the 5th day before the day of the poll. If a polling or counting agent dies, or becomes incapable of acting, the referendum agent may appoint another agent and must give the counting officer notice of the new appointment as soon as practicable. If a referendum agent designates a counting agent under paragraph (2) the notice under paragraph (6) or (7) must include notice of that fact. A notice under paragraph (6) or (7)— In the following provisions of these rules, references to polling agents and counting agents are to be read as references to polling or counting agents appointed under paragraph (1) or (7)— Any notice required to be given to a counting agent by the counting officer may be delivered at, or sent by post to, the address stated in the notice of appointment. A referendum agent may do or assist in doing anything that a polling or counting agent appointed by him or her is authorised to do; and anything required or authorised by these rules to be done in the presence of the polling or counting agents may be done in the presence of a referendum agent instead of his or her polling or counting agents. Where by these rules anything is required or authorised to be done in the presence of the polling or counting agents, the non-attendance of any agent or agents at the time and place appointed for the purpose does not invalidate the thing (if the thing is otherwise duly done).
The presiding officer must exclude from the polling station everyone except— The presiding officer must regulate the total number of voters and persons under the age of 18 who accompany them to be admitted to the polling station at the same time. No more than one polling agent may be admitted at the same time to a polling station on behalf of the same referendum agent. A constable or person employed by a counting officer may be admitted to vote in person elsewhere than at the polling station allotted under these rules only on production and surrender of a certificate (in these rules referred to as a “certificate as to employment on duty on the day of the poll”) that— A certificate surrendered under this rule must be cancelled immediately.
At the time of the application (but not afterwards), the questions specified in the second column of the table— Person applying for ballot paper Questions 1 A person applying as an elector 2 A person applying as proxy 3 A person applying in England and Wales or Scotland as proxy for an elector with an anonymousentry (instead of the questions at entry 2) 4 Person applying as proxy if the question at entry 2(c), or 3(c) (if applicable), is not answered in the affirmative “Have you already voted in the referendum on the voting system for United Kingdom parliamentary elections on behalf of two persons of whom you are not the spouse, civil partner, parent, grand-parent, brother/sister, child or grandchild?” [R] 5 A person applying as an elector in relation to whomthere is an entry in the postal voters list 6 A person applying as proxy who is named in the proxy postal voters list In the case of a voter in respect of whom a notice has been issued under section 13B(3B) or (3D) or 13BA(9) of the 1983 Act, references in the table to reading from the register are to be read as references to reading from that notice. A ballot paper must not be delivered to any person required to answer any of the above questions unless the person has answered each question satisfactorily. Except as authorised by this rule, no inquiry is permitted as to the right of any person to vote.
Each counting officer must give public notice of the referendum stating—
the date of the poll;
the date by which— must reach the registration officer in order that they may be effective for the referendum.
applications to vote by post or by proxy, and
other applications and notices about postal or proxy voting,
A decision by a presiding officer taken under paragraph (2) of rule 27, including that paragraph as applied by rule 30, 31 or 32, is final (except that it is subject to review in proceedings brought by an application for judicial review).
Where the proceedings at a polling station are interrupted or obstructed by riot or open violence, the presiding officer must adjourn the proceedings till the following day and must give notice to the counting officer as soon as practicable. Where the poll is adjourned at a polling station—
After making the certification under paragraph 5(4) of Schedule 1, a Regional Counting Officer must— When authorised to do so by the Chief Counting Officer, a Regional Counting Officer must—
The counting officer must endorse on each of the sealed packets a description of its contents and the name of the voting area and must— The documents referred to above are— For the purposes of paragraph (1) the relevant registration officer is— In paragraph (3)—
In these rules—
“Local Referendums (Combination of Polls) Rules” means the rules set out in Schedule 5 to the Local Authorities (Conduct of Referendums) (England) Regulations 2007 (S.I. 2007/2089);
The following regulations have effect as if a reference to “a relevant election or referendum” included a reference to the referendum under section 1. The regulations are— Regulation 11 of the Local Authorities (Conduct of Referendums) (England) Regulations 2007 has effect as if the reference to regulation 10(1) or (7) included a reference to section 4. In relation to the referendum, expressions used in the regulations are to be construed in accordance with the following table. Expression Meaning “Counting agent” Counting agent appointed under rule 18 of the referendum rules. “Election agent” Counting agent appointed under rule 18 of the referendum rules. “Polling agent” Polling agent appointed under rule 18 of the referendum rules. “Voting area” Voting area as defined by section 7.
The statement of persons nominated at an Assembly election must be published not later than noon on the 15th day before the date of the poll. The timetable set out in rule 1(1) of the Assembly Elections Rules is to be read with whatever modifications are necessary to give effect to this paragraph.
Regulation 98(8) of the Representation of the People (England and Wales) Regulations 2001 has effect as if a reference to a returning officer included a reference to the counting officer.
The polls to be taken together under section 4(3) are referred to in this Schedule as “combined polls”.
Where proceedings on the issue and receipt of postal ballot papers are taken together by virtue of paragraph 2 of Schedule 4 to the 2010 Order, paragraph 23(1) of Schedule 3 to the 2010 Order has effect as if a reference to a CRO were a reference to the counting officer.
This paragraph applies where proceedings on the issue and receipt of postal ballot papers are taken together by virtue of paragraph 2 of Schedule 4 to the 2010 Order. The function of the constituency returning officer under rule 29 of the Scottish Parliamentary Election Rules is to be carried out by the counting officer. If the counting officer thinks fit, the lists prepared under rule 29 of the Scottish Parliamentary Election Rules and rule 6 of the referendum rules may be combined in the form set out in Form 1 in Part 3 of this Schedule. In that case, this paragraph applies instead of—
This paragraph applies where the Chief Electoral Officer decides that the proceedings on the issue and receipt of postal ballot papers in respect of the referendum and the relevant elections are to be taken together. The declaration of identity to be issued to those entitled to vote by post in the referendum and in the relevant elections must be in the form set out in Form 2 in Part 3 of this Schedule. Where that form is used, this paragraph applies instead of any requirement in the following provisions for a declaration of identity to be in a particular form. The provisions are—
If the Chief Electoral Officer thinks fit, the official poll cards used for the referendum and the relevant elections may be combined. In that case, the forms required to be used for official poll cards for the referendum and relevant elections must be adapted in whatever manner seems necessary.
The large version of the ballot paper displayed inside the polling station under rule 17(4)(a) of the referendum rules must be of the same colour as the ballot papers to be used for the referendum. The large version of the ballot paper displayed inside the polling station under rule 29(3A)(a) of the Assembly Elections Rules must be of the same colour as the ballot papers to be used for the Assembly election. The large version of the ballot paper displayed inside the polling station under rule 26(3A)(a) of the Local Elections Rules must be of the same colour as the ballot papers to be used for the local election.
Rule 35 of the Assembly Elections Rules has effect as if, in the questions in entries 1, 2 and 4 of the table in paragraph (1), after “at this” (in each place) there were inserted “Assembly”. Rule 32 of the Local Elections Rules has effect as if, in paragraphs (1) and (2), after “at this” (in each place) there were inserted “local”.
A declaration made by the companion of a voter with disabilities must be in the form set out in Form 8 in Part 3 of this Schedule. In this paragraph “declaration made by the companion of a voter with disabilities” means a declaration made by a companion under— This paragraph applies instead of—
If the Chief Electoral Officer thinks fit, a single list of persons to whom ballot papers are delivered in consequence of late alterations to the register may be used for the purposes of the referendum and the relevant elections. Where a person’s entry in that list does not relate to the referendum and each relevant election the entry must— In this paragraph “list of persons to whom ballot papers are delivered in consequence of late alterations to the register” means a list compiled under—
As soon as practicable after the close of the poll the Chief Electoral Officer must— A postal ballot paper is not to be taken to be duly returned unless— Unless section 10(4B), 10A(1B) or 13A(2B) of the 1983 Act applies, the declaration of identity referred to in sub-paragraph (2) is not to be taken to be duly signed unless the Chief Electoral Officer is satisfied that the signature on the declaration corresponds with the signature supplied as the elector’s signature in pursuance of section 10(4A)(a), 10A(1A)(a) or 13A(2A)(a) of that Act. The Chief Electoral Officer must not count any tendered ballot papers. The Chief Electoral Officer, while counting and recording the number of ballot papers, must— The Chief Electoral Officer must, in the presence of the referendum agents and the election agents for the relevant elections— An election agent for a relevant election may copy the statement relating to that relevant election. A counting agent for the referendum present at the verification may copy the statement relating to the referendum. Once the statement relating to the referendum is drawn up, the Chief Electoral Officer must inform the Chief Counting Officer of the contents of the statement. If the Chief Electoral Officer has not begun to count the votes given on the ballot papers for a particular poll by the time the statements under sub-paragraph (6)(b) in relation to all the polls are prepared—
Where separate ballot boxes are used for the referendum and a relevant election, the placing of a ballot paper in the wrong ballot box does not render it void.
“relevant register” means—
The constituency returning officer’s function under rule 42(2)(b) of the Assembly Elections Rules of authorising someone to remove a person from a polling station is to be carried out by the counting officer.
A declaration made by the companion of a voter with disabilities must be in the form set out in Form 9 in Part 3 of this Schedule. In this paragraph “declaration made by the companion of a voter with disabilities” means a declaration made by a companion under— This paragraph applies instead of—
If the counting officer thinks fit, a single list of persons to whom ballot papers are delivered in consequence of late alterations to the register may be used for the purposes of the referendum and the Assembly elections. Where a person’s entry in that list does not relate to the referendum, the Assembly constituency election and the Assembly regional election, the entry must— In this paragraph “list of persons to whom ballot papers are delivered in consequence of late alterations to the register” means a list compiled under—
No later than the time of the publication of the notice of the polls, the counting officer must give public notice of— The notice must— As soon as practicable after giving the notice the counting officer must give a copy of it to— This paragraph applies instead of—
The cost of taking the combined polls (excluding any cost solely attributable to the referendum or the Scottish parliamentary election), and any cost attributable to their combination, is to be apportioned equally between—
the referendum, and
the Scottish parliamentary election.
In section 29 of the 1983 Act (payments by and to returning officer) as it has effect for the purposes of a Scottish parliamentary election by virtue of Article 18 of the 2010 Order, subsections (3) to (9) apply— An order under subsection (3)(b) of that section (as it has effect as mentioned above) may include special provision for services rendered or expenses incurred by a counting officer in respect of transferred functions. Article 19 of the 2010 Order (taxation of returning officer’s accounts) applies as if a reference to a returning officer included a reference to a counting officer carrying out transferred functions.
In this Schedule—
This paragraph applies where the Chief Electoral Officer decides that the proceedings on the issue and receipt of postal ballot papers in respect of the referendum and the relevant elections are not to be taken together. The declaration of identity to be issued to those entitled to vote by post in the referendum must be in the form set out in Form 3 in Part 3 of this Schedule. Sub-paragraph (2) applies instead of the requirement in rule 12(1)(c) of the referendum rules for a declaration of identity to be in a particular form. The declaration of identity to be used by those entitled to vote by post in the Assembly election must be in the form set out in Form 4 in Part 3 of this Schedule. Sub-paragraph (4) applies instead of the requirement in rule 24(1) of the Assembly Elections Rules for a declaration of identity to be in a particular form. The declaration of identity to be used by those entitled to vote by post in the local election must be in the form set out in Form 5 in Part 3 of this Schedule. Sub-paragraph (6) applies instead of the requirement in rule 21(1) of the Local Elections Rules for a declaration of identity to be in a particular form.
a district council;
The notice given under rule 11(3) of the referendum rules must—
state that the poll for the referendum is to be taken together with the poll for each relevant election,
specify the local authority for which each relevant election is to be held, and
where any of the polls are to be taken together in part only of a voting area for the referendum, specify that part.
The referendum polling stations are to be used for the combined polls. This paragraph applies instead of—
If the counting officer thinks fit, the lists to be provided under the following provisions may be combined in the form set out in Form 4 in Part 3 of this Schedule— In that case, this paragraph applies instead of the second sentence in rule 17(3) of the referendum rules.
A notice in the form set out in Form 6 in Part 3 of this Schedule, giving directions for the guidance of voters in voting, must be exhibited in every compartment of every polling station. This paragraph applies instead of—
Paragraph 2(5) of Schedule 3 has effect as if in the words after paragraph (b) the reference to any polling station were to any polling station in the same voting area as the allotted polling station. A certificate as to employment on duty on the day of the poll for the referendum must be in the form set out in Form 7 in Part 3 of this Schedule. Sub-paragraph (2) applies instead of rule 21(4)(b) of the referendum rules.
If the Chief Electoral Officer thinks fit, a single list of votes marked by the presiding officer may be used for the purposes of the referendum and the relevant elections. Where a person’s entry in that list does not relate to the referendum and each relevant election the entry must— In this paragraph “list of votes marked by the presiding officer” means a list compiled under—
If the Chief Electoral Officer thinks fit, a single tendered votes list may be used for the purposes of the referendum and the relevant elections. Where a person’s entry in that list does not relate to the referendum and each relevant election the entry must— In this paragraph “tendered votes list” means a list compiled under—
The Chief Electoral Officer must make arrangements for carrying out the functions conferred by paragraph 33, and for counting the votes as soon as practicable, in the presence of the counting agents. The Chief Electoral Officer must give the counting agents— A person may be present at those proceedings or at the counting of the votes only if the person falls within— or the person is permitted by the Chief Electoral Officer to attend. The Chief Electoral Officer may give a person permission under sub-paragraph (3) only if— The Chief Electoral Officer must give the counting agents— the officer can give them consistently with the orderly conduct of the proceedings and the discharge of the officer’s duties.
Paragraphs 32 to 34 apply instead of—
rules 39 and 40 of the referendum rules;
rules 44 and 44B of the Assembly Elections Rules;
rules 43(1), 44 and 45 of the Local Elections Rules.
Where— rules 50(1)(b) and 52 of the referendum rules apply to those documents (and rule 58(1) of the Local Elections Rules has effect as if any reference to those documents were omitted). Where a combined list is prepared as mentioned in paragraph 7(2), 8(2) or 16(1), rule 59 of the Local Elections Rules, so far as it relates to corresponding number lists, has effect as if references to the proper officer of the council were to the Chief Electoral Officer. Rule 56(8) of the Assembly Elections Rules and rule 59(7) of the Local Elections Rules each have effect as if for “by this rule provided” there were substituted “provided by this rule (or a court order)”.
Schedule 3 to the Local Elections (Northern Ireland) Order 2010 has effect—
as if, in the definition of “the marked register or lists” in paragraph 1(1), the reference to documents retained under rule 60 of the Local Elections Rules included a reference to documents retained under rule 50(1)(b) of the referendum rules as applied by paragraph 38 above;
as if references to the proper officer included references to the Chief Electoral Officer.
“mayoral election in England” means an election in England for the return of an elected mayor as defined by section 39(1) of the Local Government Act 2000;
Rules 50(1)(a) and 52 of the referendum rules apply to the specified documents. The specified documents are those specified in sub-paragraphs (c), (d) and (f) of paragraph (1) of— Except for the purposes of this paragraph, those rules have effect as if they did not include a reference to the specified documents (and as if paragraph (2) were omitted). Regulation 116(1) of the Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341) has effect in relation to a relevant election as if the reference to documents forwarded under rule 55(1)(e) of the elections rules were to documents forwarded under rule 50(1)(a) of the referendum rules as applied by this paragraph. Nothing in this paragraph prevents the following provisions from applying to the specified documents— Each of the following provisions has effect as if for “by this rule provided” there were substituted “provided by this rule (or a court order)”— Rule 45(1) of the Local Referendums (Combination of Polls) Rules has effect as if the words “Where” and “is the relevant returning or counting officer, he” were omitted.
As soon as practicable after 5 pm on the 6th day before the date of the poll, the registration officer must provide the counting officer with the following lists, and any subsequent revised lists or revisions to the lists—
the list of proxies for each relevant election;
the postal voters list for each relevant election;
the proxy postal voters list for each relevant election.
This paragraph applies where proceedings on the issue and receipt of postal ballot papers are taken together by virtue of paragraph 2 of Schedule 4 to the 2010 Order. The functions of the constituency returning officer under rule 34 of the Scottish Parliamentary Election Rules are to be carried out by the counting officer. The form of postal voting statement to be issued to those entitled to vote by post in the referendum and in the Scottish parliamentary election must be in the form set out in Form 2 in Part 3 of this Schedule. Where that form is used, this paragraph applies instead of any requirement in the following provisions for a postal voting statement to be in a particular form. The provisions are—
If the counting officer thinks fit, the official poll cards used for the referendum and the Scottish parliamentary election may be combined. In that case, the forms required to be used for official poll cards for the referendum and election must be adapted in whatever manner seems necessary.
If the counting officer thinks fit, the lists to be provided under the following provisions may be combined in the form set out in Form 5 in Part 3 of this Schedule— In that case, this paragraph applies instead of the second sentence in rule 17(3) of the referendum rules.
A notice in the form set out in Form 7 in Part 3 of this Schedule, giving directions for the guidance of voters in voting, must be exhibited in every compartment of every polling station. This paragraph applies instead of—
The constituency returning officer’s function under rule 42(2)(b) of the Scottish Parliamentary Election Rules of authorising someone to remove a person from a polling station is to be carried out by the counting officer.
A declaration made by the companion of a voter with disabilities must be in the form set out in Form 9 in Part 3 of this Schedule. In this paragraph “declaration made by the companion of a voter with disabilities” means a declaration made by a companion under— This paragraph applies instead of—
If the counting officer thinks fit, a single list of persons to whom ballot papers are delivered in consequence of late alterations to the register may be used in respect of— Where a person’s entry in that list does not relate to all three kinds of ballot paper, the entry must identify each kind to which it relates. In this paragraph “list of persons to whom ballot papers are delivered in consequence of late alterations to the register” means a list compiled under—
The referendum polling stations are to be used for the combined polls.
If the Chief Electoral Officer thinks fit, the lists to be provided under the following provisions may be combined in the form set out in Form 6 in Part 3 of this Schedule— In that case, this paragraph applies instead of—
Rule 21(1) of the referendum rules has effect as if the persons listed there included persons who would be entitled to be admitted to the polling station for any relevant election if the poll for that election were held on its own. Rule 32(1) of the Assembly Elections Rules has effect as if the persons listed there included— Rule 29(1) of the Local Elections Rules has effect as if the persons listed there included—
The notice given under rule 11(3) of the referendum rules must— The notice given under rule 23(2) of the Assembly Elections Rules must— The notice given under rule 20(2) of the Local Elections Rules must—
This paragraph applies where proceedings on the issue and receipt of postal ballot papers are not taken together by virtue of paragraph 2 of Schedule 4 to the 2010 Order. The form of postal voting statement to be issued to those entitled to vote by post in the referendum must be in the form set out in Form 3 in Part 3 of this Schedule. Sub-paragraph (2) applies instead of the requirement in rule 12(1)(b) of the referendum rules for a postal voting statement to be in a particular form. The form of postal voting statement to be issued to those entitled to vote in the Scottish parliamentary election must be in the form set out in Form 4 in Part 3 of this Schedule. Sub-paragraph (4) applies instead of the requirement in rule 34(1) of the Scottish Parliamentary Election Rules for a postal voting statement to be in a particular form.
“referendum agent” means a person appointed under paragraph 11 of Schedule 1;
“Scottish parliamentary election” means an election in a constituency held under section 2 of the Scotland Act 1998 (comprising the poll for electing a constituency member and the poll for electing regional members);
The cost of taking the combined polls (excluding any cost solely attributable to the referendum or an Assembly election), and any cost attributable to their combination, is to be apportioned equally between—
the referendum, and
the Assembly elections.
This paragraph applies where proceedings on the issue and receipt of postal ballot papers are taken together by virtue of paragraph 2 of Schedule 3 to the Welsh Assembly Order. The function of the constituency returning officer under rule 27 of the Assembly Elections Rules is to be carried out by the counting officer. If the counting officer thinks fit, the lists prepared under the following provisions may be combined in the form set out in Form 1 in Part 3 of this Schedule— In that case, sub-paragraph (3) applies instead of—
Articles 23 and 24 of the Welsh Assembly Order (payments by and to returning officer etc) apply— An order under article 23(1) of that Order (as it has effect as mentioned above) may include special provision for services rendered or expenses incurred by a counting officer in respect of transferred functions.
This paragraph applies where proceedings on the issue and receipt of postal ballot papers are not taken together by virtue of paragraph 2 of Schedule 3 to the Welsh Assembly Order. The counting officer must prepare a list under sub-paragraph (3) or (4) as the officer thinks fit. A list under this sub-paragraph is a list containing the numbers and other unique identifying marks of all of the ballot papers to be provided to presiding officers in pursuance of rule 37(1) of the Assembly Elections Rules. A list under this sub-paragraph is a list containing the numbers and other unique identifying marks of all of the ballot papers to be provided to presiding officers in pursuance of the following provisions— The list must be in the form set out in Form 1 in Part 3 of this Schedule. A list prepared under rule 27 of the Assembly Elections Rules must not include details relating to ballot papers in relation to which a list is prepared under sub-paragraph (3) or (4). A reference in an enactment to a list prepared under rule 27 of the Assembly Elections Rules has effect, in so far as it relates to ballot papers to be provided in pursuance of rule 37(1) of those rules, as a reference to the list prepared under sub-paragraph (3) or (4). Where the counting officer prepares a list under sub-paragraph (4) in relation to ballot papers—
The counting officer must prepare a list containing the numbers and other unique identifying marks of all of the ballot papers to be— The list must be in the form set out in Form 2 in Part 2 of this Schedule.
The counting officer may use, free of charge, for the purpose of taking the poll— The counting officer must— by reason of its being used for that purpose. The schools within this paragraph are—
A person entitled to vote in the referendum is entitled to vote by post or by proxy if sub-paragraph (2) or (3) (as the case may be) applies to the person. This sub-paragraph applies to a person who is shown in the postal voters list mentioned in paragraph 16(2) as entitled to vote by post in the referendum. This sub-paragraph applies to a person who is shown in the list of proxies mentioned in paragraph 16(3) as entitled to vote by proxy in the referendum.
Subject to what follows, any person is capable of being appointed under this paragraph to vote as proxy for another (the “principal”) in the referendum. The principal cannot have more than one person at a time appointed as proxy to vote for him or her in the referendum. A person is capable of being appointed to vote as proxy only if— Where the principal applies to the registration officer for the appointment of a proxy under this paragraph, the registration officer must make the appointment if the application meets the requirements prescribed by the 2008 Regulations and the officer is satisfied that the principal is or will be— and that the proxy is capable of being, and willing to be, appointed. The appointment of a proxy under this paragraph is to be made by means of a proxy paper, in the form set out in Part 3 of this Schedule, issued by the registration officer. The appointment may be cancelled by the principal by giving notice to the registration officer and also ceases to be in force on the issue of a proxy paper appointing a different person under this paragraph to vote for the principal in the referendum.
A person entitled to vote as proxy for another (the “principal”) in the referendum may do so in person at the polling station allotted to the principal under the referendum rules unless the proxy is entitled to vote by post as proxy for the principal in the referendum, in which case the proxy may vote by post. Where a person is entitled to vote by post as proxy for the principal in the referendum, the principal may not apply for a ballot paper for the purpose of voting in person in the referendum. For the purposes of this Part of this Schedule and the 1983 Act a person entitled to vote as proxy for another in the referendum is entitled so to vote by post if the person is included in the list kept under sub-paragraph (6). Where a person applies to the registration officer to vote by post as proxy in the referendum the officer must grant the application if— A person who is the subject of a relevant proxy appointment within the meaning of paragraph 7(2) (b), (c) or (d) and who— may apply to the registration officer for his or her referendum ballot paper to be sent to a different address from that shown in the record, and the officer must grant the application if it meets the requirements prescribed by the relevant regulations. The registration officer must, in respect of the referendum, keep a special list (“the proxy postal voters list”) of those within column 2 of the following table, together with the addresses provided as mentioned in column 3 as the addresses to which their ballot papers are to be sent. Description of proxy postal voters Address 1 A proxy whose application under sub-paragraph (4) has been granted. Address provided in the proxy's application under sub-paragraph (4). 2 A proxy who— was appointed as mentioned in column 3 of entry 2 in the table in paragraph 5(3) for a person mentioned in column 2 of that entry, and is included in the proxy postal voters list for the poll in respect of which that appointment was made. Address provided in the proxy's application to vote by post as proxy in that poll. 3 A proxy who— was appointed as mentioned in column 3 of entry 3 in the table in paragraph 5(3) for a person mentioned in column 2 of that entry, and is for the time being included in the record kept under paragraph 7(6) of Schedule 4 to the RPA 2000 (record of proxies who have applied to vote by post). Address provided in the proxy's application under paragraph 7(4)(a) of Schedule 4 to the RPA 2000 or (as the case may be) sub-paragraph (5) above. 4 A proxy who— was appointed as mentioned in column 3 of entry 4 in the table in paragraph 5(3) for a peer mentioned in column 2 of that entry, and is for the time being included in the record kept under paragraph 7(6) of Schedule 4 to the RPA 2000 (record of proxies who have applied to vote by post). Address provided in the proxy's application under paragraph 7(4)(a) of Schedule 4 to the RPA 2000 or (as the case may be) sub-paragraph (5) above. 5 A proxy who— was appointed as mentioned in column 3 of entry 5 in the table in paragraph 5(3) for a peer mentioned in column 2 of that entry, and is for the time being included in the record kept under paragraph 7(6) of Schedule 2 to the European Parliamentary Elections Regulations. Address provided in the proxy's application under paragraph 7(4)(a) of Schedule 2 to the European Parliamentary Elections Regulations or (as the case may be) sub-paragraph (5) above. In the case of a person who has an anonymous entry in a register, the special list mentioned in sub-paragraph (6) must contain only— Sub-paragraph (2) does not prevent a person, at the polling station allotted to him or her, marking a tendered ballot paper in pursuance of rule 32 of the referendum rules. The registration officer may dispense with the requirement under sub-paragraph (4)(c) for the applicant to provide a signature if the officer is satisfied that the applicant— The registration officer must also keep a record in relation to those whose applications under sub-paragraph (4) have been granted showing— The record kept under sub-paragraph (10) must be retained by the registration officer for the period of twelve months beginning with the date of the poll for referendum.
The specified functions of a returning officer for a relevant election are to be carried out instead by the counting officer for the voting area in which the relevant election is to be held. The specified functions are those specified in regulation 5 of the Representation of the People (Combination of Polls) (England and Wales) Regulations 2004 (S.I. 2004/294) (so far as relating to relevant elections). This paragraph applies instead of regulation 4 of those regulations so far as it relates to the functions of returning officers.
The functions of the constituency returning officer under the following paragraphs of rule 35 of the Assembly Elections Rules are to be carried out by the counting officer—
paragraph (1) so far as it relates to the appointment of presiding officers and clerks;
paragraph (3).
The counting officer must make arrangements for counting the ballot papers and carrying out the other functions conferred by paragraph 47 in the presence of the counting agents. The counting officer must give the counting agents and the regional returning officer notice in writing of the time and place at which the proceedings under paragraph 47 will begin. A person may be present at the proceedings under paragraph 47 only if— The counting officer may give a person permission under sub-paragraph (3)(b) only if— The counting officer must give the counting agents— the officer can give them consistently with the orderly conduct of the proceedings and the discharge of the officer’s duties.
The counting officer must count the votes given on the ballot papers for the referendum, but must not do so until— Where proceedings on the issue and receipt of postal ballot papers for the Assembly elections are not taken together with those for the referendum, the constituency returning officer must count the postal ballot papers that have been duly returned for the Assembly constituency election and the Assembly regional election and record separately the number relating to each. The constituency returning officer must count the votes given on the ballot papers for each Assembly election, but must not do so until— The counting or constituency returning officer, while counting the votes, must— The counting or constituency returning officer must so far as practicable proceed continuously with the counting of votes, allowing only time for refreshment, except that— During the time so excluded the counting or constituency returning officer must— This paragraph and paragraph 50 apply instead of rule 55 of the Assembly Elections Rules.
The counting officer may not open the sealed packets of— Rule 66(3) of the Assembly Elections Rules has effect as if sub-paragraphs (b) and (d) were omitted.
a register of parliamentary electors, or
The Chief Counting Officer may, for the purpose of making a relevant form easier for voters to understand or use, specify modifications that are to be made to the wording or appearance of the form. In paragraph (1) “relevant form” means any of the following— In this Part of this Act a reference to a form is to be read as a reference to that form with any modifications specified under paragraph (1). Where a form is modified by virtue of paragraph (1), section 26(2) of the Welsh Language Act 1993 applies as if the modified form were specified by this Act.
The votes at the poll are to be given by ballot.
The High Court or a county court or, in the case of a voting area in Scotland, the Court of Session or the sheriff, may make an order— if satisfied by evidence on oath that the order is required for the purpose of instituting or maintaining a prosecution for an offence in relation to ballot papers or for the purpose of proceedings brought as mentioned in paragraph 23 of Schedule 1. An order under this rule may be made subject to whatever conditions the court or sheriff thinks expedient as to— In making and carrying into effect an order for the opening of a packet of the completed corresponding number lists or of certificates or for the inspection of counted ballot papers, care must be taken to avoid disclosing the way in which the vote of any particular voter has been given until it has been proved— An appeal lies to the High Court from any order of a county court under this rule, and to the Court of Session from any order of the sheriff under this rule. A power given under this rule to a court (other than a county court in Northern Ireland) or the sheriff may be exercised by any judge of the court, or by the sheriff, otherwise than in open court. A power given under this rule to a county court in Northern Ireland may be exercised in whatever manner rules of court provide. Where an order is made for the production by a registration officer or a counting officer of a document in the officer's possession relating to the referendum— The production from proper custody of— is prima facie evidence that the elector whose vote was given by that ballot paper was the person whose entry on the register of electors (or on a notice issued under section 13B(3B) or (3D) or 13BA(9) of the 1983 Act) at the time of the referendum contained the same number as the number written as mentioned in sub-paragraph (b). Except as provided by this rule (or a court order) nobody may—
Every ballot paper must contain an appropriate security marking (the official mark). The official mark must be kept secret. The counting officer may use a different official mark for different purposes.
If the counting officer thinks fit, a single list of votes marked by the presiding officer may be used for the purposes of the referendum and the relevant elections. Where a person’s entry in that list does not relate to the referendum and each relevant election the entry must— In this paragraph “list of votes marked by the presiding officer” means a list compiled under— This paragraph applies instead of—
If the counting officer thinks fit, a single tendered votes list may be used for the purposes of the referendum and the relevant elections. Where a person’s entry in that list does not relate to the referendum and each relevant election the entry must— In this paragraph “tendered votes list” means a list compiled under— This paragraph applies instead of—
In rule 38(1) of the referendum rules the reference to polling agents includes a reference to polling agents appointed for the purposes of any relevant election. A packet made up under rule 38(1)(b), (c) or (f) of the referendum rules may not be combined with a packet made up under a corresponding provision of the rules governing any relevant election. The ballot paper account prepared under rule 38(6) of the referendum rules may not be combined with the ballot paper account for any relevant election.
The polls to be taken together under section 4(2) are referred to in this Schedule as “combined polls”.
Where an Assembly election is countermanded, or polling is abandoned, because of the death of a candidate, this does not affect the poll for the referendum.
Forms 2, 3, 4, 6, 7 and 9 in Part 3 of this Schedule are “relevant forms” for the purposes of rule 10 of the referendum rules.
If the counting officer thinks fit, a single list of votes marked by the presiding officer may be used in respect of— Where a person’s entry in that list does not relate to all three kinds of ballot paper, the entry must identify each kind to which it relates. In this paragraph “list of votes marked by the presiding officer” means a list compiled under— Where a single list is used as mentioned in sub-paragraph (1), this paragraph applies instead of rule 47(4) of the Scottish Parliamentary Election Rules.
If the counting officer thinks fit, a single tendered votes list may be used in respect of— Where a person’s entry in that list does not relate to all three kinds of tendered ballot paper, the entry must identify each kind to which it relates. In this paragraph “tendered votes list” means a list compiled under— Where a single list is used as mentioned in sub-paragraph (1), this paragraph applies instead of rule 49(10) of the Scottish Parliamentary Election Rules.
In rule 38(1) of the referendum rules the reference to polling agents includes a reference to polling agents appointed for the purposes of a Scottish parliamentary election. In rule 53(1) and (2) of the Scottish Parliamentary Election Rules, a reference to polling agents includes a reference to polling agents appointed for the purposes of the referendum. Rule 53(2)(g) of those rules does not apply.
If the Chief Electoral Officer thinks fit, the same copy of the register of electors may be used under the following provisions for the purposes of the referendum and the relevant elections— Sub-paragraphs (3) and (4) apply where the same copy of the register is used as mentioned in sub-paragraph (1). In a case where a ballot paper is delivered at the same time in respect of the referendum and the relevant elections, a single mark must be placed in the register against the number of the elector under— In any other case, a mark must be placed in the register against the number of the elector identifying the poll to which each ballot paper delivered relates. In the case of an elector who is added to the register in pursuance of a notice issued under section 13BA(9) of the 1983 Act—
If the Chief Electoral Officer thinks fit, a single list of voters with disabilities assisted by companions may be used for the purposes of the referendum and the relevant elections. Where a person’s entry in that list does not relate to the referendum and each relevant election the entry must— In this paragraph “list of voters with disabilities assisted by companions” means a list compiled under—
In rule 38(1) of the referendum rules the reference to polling agents includes a reference to polling agents appointed for the purposes of the relevant elections. In rule 43(1) of the Assembly Elections Rules the reference to polling agents includes a reference to— In rule 41(1) of the Local Elections Rules the reference to polling agents includes a reference to—
In the following provisions, references to a returning officer are to be read as references to the counting officer— This paragraph applies instead of—
In this Schedule—
Rule 76 of the Assembly Elections Rules has effect as if it were modified in accordance with sub-paragraphs (2) to (4). In paragraph (2) after “constituency returning officer” insert “or counting officer”. For paragraph (3) substitute— Sub-paragraph (3) applies instead of rule 76(10) of the Assembly Elections Rules.
A packet made up under one of the following provisions may not be combined with a packet made up under another of those provisions. The provisions are—
If the Chief Electoral Officer thinks fit, he or she may require the relevant registration officer to produce a combined list of proxies for the referendum and the relevant elections. The following provisions apply where the lists are combined and a person applies for a ballot paper as proxy. Immediately before delivery of the ballot paper the list of proxies must be marked in a way that identifies— Sub-paragraph (3) applies instead of—
rule 28(2)(d) of the referendum rules;
rule 37(1)(e) of the Assembly Elections Rules;
rule 34(1)(e) of the Local Elections Rules.
A packet made up under one of the following provisions may not be combined with a packet made up under another of those provisions. The provisions are—
Rule 53(2) of the Scottish Parliamentary Election Rules has effect as if “counting officer” were substituted for “CRO” in each place.
This paragraph applies where the Chief Electoral Officer decides that the proceedings on the issue and receipt of postal ballot papers in respect of the referendum and the relevant elections are to be taken together. If the Chief Electoral Officer thinks fit, he or she may require the relevant registration officer to produce— Where appropriate—
The ballot paper account prepared under one of the following provisions may not be combined with the ballot paper account made up under another of those provisions. The provisions are—
The ballot paper accounts prepared under rule 38(6) of the referendum rules and rule 53(4) of the Scottish Parliamentary Election Rules may not be combined.
Subject to what follows, where a relevant proxy appointment is in force, the person appointed is entitled to vote as proxy for the person for whom the appointment was made (the “principal”). In sub-paragraph (1) “relevant proxy appointment” means— A person is capable of voting as proxy in the referendum only if— A person is not capable of voting as proxy in the referendum unless on the date of the poll the person has attained the age of 18. A person is not entitled to vote as proxy in the referendum on behalf of more than two others of whom that person is not the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild.
Rule 39(1) of the referendum rules (arrangements for the counting of votes in the referendum) has effect with the omission of the words “after the close of the poll”.
In the following cases a person is entitled to mark a ballot paper (a “tendered ballot paper”) in the same manner as any other voter if— Rule 33 makes further provision about tendered ballot papers. Case 1 is that— Case 2 is that— Rule 27 applies in relation to a voter in Northern Ireland who seeks to mark a tendered ballot paper in reliance on Case 1 or 2 as it applies in relation to a voter who applies for a ballot paper under rule 26. Case 3 is that— Case 4 is that— Case 5 is that, before the close of the poll but after the last time at which a person may apply for a replacement postal ballot paper— Case 6 is that, before the close of the poll but after the last time at which a person may apply for a replacement postal ballot paper— Case 7 is that— Case 8 is that— In the case of an elector who has an anonymous entry, the references in this rule to a person named on a register or list are to be read as references to a person whose number appears on the register or list (as the case may be). In the case of a person in respect of whom a notice has been issued under section 13B(3B) or (3D) or 13BA(9) of the 1983 Act, the references in this rule to a person named on the register are to be read as references to a person in respect of whom such a notice has been issued.
The presiding officer must keep a list of persons to whom ballot papers are delivered in consequence of an alteration to the register made by virtue of section 13B(3B) or (3D) or 13BA(9) of the 1983 Act that takes effect on the day of the poll.
A person who— is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale. A person who provides false information in connection with an application under paragraph 4(1) or (2) or 8(4) is guilty of an offence. Subsections (3) to (8) of section 13D of the 1983 Act (but not the words “and Northern Ireland” in subsection (7)) apply for the purposes of sub-paragraph (2) as they apply for the purposes of subsection (1A) of that section.
Tendered ballot papers must be a different colour from the other ballot papers. A person in Northern Ireland who marks a tendered ballot paper in reliance on Case 7 or 8 in rule 32 must sign the paper, unless it is marked after an application was refused under rule 30 or 31. If a tendered ballot paper is required to be signed under paragraph (2) and the paper is not signed, the paper is void. Tendered ballot papers must be given to the presiding officer instead of being put into the ballot box. On receiving a tendered ballot paper from a voter the presiding officer must endorse it with the voter's name and number on the register of electors. The presiding officer must set tendered ballot papers aside in a separate packet. The name and number on the register of electors of every voter whose vote is marked in pursuance of rule 32 must be entered on a list (in these rules referred to as the “tendered votes list”). In the case of a person voting as proxy for an elector, the number to be endorsed or entered together with the voter's name is the elector's number. In the case of an elector who has an anonymous entry, the references in paragraphs (5) and (7) to the name of the voter are to be ignored. In the case of a person in respect of whom a notice has been issued under section 13B(3B) or (3D) or 13BA(9) of the 1983 Act, the references in paragraphs (5) and (7) to the voter's number on the register of electors are to be read as references to the number relating to the voter on the notice.
The constituency returning officer must make arrangements for counting the votes for the Assembly elections in the presence of the counting agents for the election as soon as practicable after receiving the ballot papers from the counting officer under paragraph 48. The constituency returning officer must give the counting agents for the Assembly elections and the regional returning officer notice in writing of the time and place at which the counting of the votes for the elections will begin. A person may be present at the counting of the votes for an Assembly election only if— The constituency returning officer may give a person permission under sub-paragraph (3)(a) only if— The constituency returning officer must give the counting agents for the Assembly elections— the officer can give them consistently with the orderly conduct of the proceedings and the discharge of the officer’s duties. In particular, where the votes are counted by sorting the ballot papers into lots according to the votes marked on them and then counting the number of ballot papers in each lot, the counting agents for an Assembly election are entitled to satisfy themselves that the ballot papers are correctly sorted.
“relevant register” means—
For the purposes of Part 7 of the 2000 Act the referendum period for the referendum—
begins with the day on which this Act is passed, and
ends with the date of the poll.
A person entitled to vote in the referendum is entitled to vote by post or by proxy if sub-paragraph (2) or (3) (as the case may be) applies to the person. This sub-paragraph applies to a person who is shown in the postal voters list mentioned in paragraph 5(2) as entitled to vote by post in the referendum. This sub-paragraph applies to a person who is shown in the list of proxies mentioned in paragraph 5(3) as entitled to vote by proxy in the referendum.
Subject to what follows, any person is capable of being appointed under this paragraph to vote as proxy for another (the “principal”) in the referendum. The principal cannot have more than one person at a time appointed as proxy to vote for him or her in the referendum. A person is capable of being appointed to vote as proxy only if— Where the principal applies to the registration officer for the appointment of a proxy under this paragraph, the registration officer must make the appointment if the application meets the requirements prescribed by the relevant regulations and the officer is satisfied that the principal is or will be— and that the proxy is capable of being, and willing to be, appointed. The appointment of a proxy under this paragraph is to be made by means of a proxy paper, in the form set out in Part 3 of this Schedule, issued by the registration officer. The appointment may be cancelled by the principal by giving notice to the registration officer and also ceases to be in force on the issue of a proxy paper appointing a different person under this paragraph to vote for the principal in the referendum.
Subject to what follows, where a relevant proxy appointment is in force, the person appointed is entitled to vote as proxy for the person for whom the appointment was made (the “principal”). In sub-paragraph (1) “relevant proxy appointment” means— A person is capable of voting as proxy in the referendum only if— A person is not capable of voting as proxy in the referendum unless on the date of the poll the person has attained the age of 18. A person is not entitled to vote as proxy in the referendum on behalf of more than two others of whom that person is not the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild.
Paragraphs 43 and 45 apply instead of rule 54 of the Assembly Elections Rules.
“referendum rules” means the rules in Part 1 of Schedule 2;
In this Part of this Schedule—
Where a person applies to the registration officer to vote by post, or to vote by proxy, in the referendum, the registration officer must grant the application if— For the purposes of sub-paragraph (1)(e), the registration officer must be satisfied— The requirements of this subsection are met if— Nothing in sub-paragraph (1) applies to— But if a person is included in a record mentioned in sub-paragraph (4)(a), (b) or (c) and is shown in the record as voting by post, the person may, in respect of the referendum, apply to the registration officer— The registration officer must grant an application under sub-paragraph (5) if it meets the requirements prescribed by the 2008 Regulations. A person applying to vote by post must provide an address in the United Kingdom as the address to which the person's ballot paper is to be sent.
Section 71 of the Electoral Administration Act 2006 (restriction on powers of arrest by persons other than constables) applies for the purposes of the referendum as if the reference to section 60 of the 1983 Act (personation) were to that section as applied by Part 1 of this Schedule.
“relevant register” means—
A person who is the responsible person for a permitted participant may not give a notification under section 106(3) of the 2000 Act (notification given to become a permitted participant). An individual who is a permitted participant ceases to be a permitted participant if he or she is the treasurer of a registered party (other than a minor party) that becomes a permitted participant. A declaration made or notification given by a body does not comply with the requirement in subsection (2)(b) or (4)(b)(ii) of section 106 of the 2000 Act (to state the name of the person who will be responsible for compliance) if the person whose name is stated— Where a registered party (other than a minor party) makes a declaration under section 106 of the 2000 Act and the treasurer of the party (“T”) is already the responsible person for a permitted participant (“P”)— In sub-paragraphs (3) and (4) “the person”, in relation to a body other than a minor party, is to be read as “the person or officer”. In this paragraph “registered party” and “minor party” have the meaning given in section 160(1) of the 2000 Act.
The Town and Country Planning (Control of Advertisements) Regulations 1992 (S.I. 1992/666) apply in relation to the display on any site in Wales of an advertisement relating specifically to the referendum as they apply in relation to the display of an advertisement relating specifically to a pending parliamentary election. The Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984 (S.I. 1984/467) apply in relation to the display on any site in Scotland of an advertisement relating specifically to the referendum as they apply in relation to the display of an advertisement relating specifically to a pending parliamentary election. The Planning (Control of Advertisements) Regulations (Northern Ireland) 1992 (S.R. 1992/448) apply in relation to the display on any site in Northern Ireland of an advertisement relating specifically to the referendum as they apply in relation to the display of an advertisement relating specifically to a pending parliamentary election.
An application for the account of a counting officer or Regional Counting Officer to be taxed must be made— A reference in this paragraph to “the court” includes a reference to that Auditor. On any such application the court has jurisdiction to tax the account in whatever manner and at whatever time and place the court thinks fit, and finally to determine the amount payable to the officer. Where an application is made for the account of a counting officer or Regional Counting Officer to be taxed, the officer may apply to the court for it to examine any claim made by any person (“the claimant”) against the officer in respect of matters charged in the account. On an application under sub-paragraph (3), after the claimant has been given notice and an opportunity to be heard and to tender any evidence, the court may allow, disallow or reduce the claim, with or without costs. An application under sub-paragraph (1) for taxation of the account of the Chief Electoral Officer for Northern Ireland must be made to the county court that has jurisdiction at the place where the officer certified the number of ballot papers counted and votes cast.
Section 6A(4) of the 2000 Act (meaning of “relevant counting officer”) applies for the purposes of the referendum as if for paragraphs (a) and (b) there were substituted “ in accordance with paragraph 2 of Schedule 1 to the Parliamentary Voting System and Constituencies Act 2011. ”
The Table in rule 26 of the Local Referendums (Combination of Polls) Rules has effect as if for “this referendum”, in each place, there were substituted “this (specify local authority) referendum”.
A declaration made by the companion of a voter with disabilities must be in the form set out in Form 8 in Part 3 of this Schedule. In this paragraph “declaration made by the companion of a voter with disabilities” means a declaration made by a companion under— This paragraph applies instead of—
If the counting officer thinks fit, a single list of persons to whom ballot papers are delivered in consequence of late alterations to the register may be used for the purposes of the referendum and the relevant elections. Where a person’s entry in that list does not relate to the referendum and each relevant election the entry must— In this paragraph “list of persons to whom ballot papers are delivered in consequence of late alterations to the register” means a list compiled under— This paragraph applies instead of—
Where under rule 72(4), 75(2) or 77(1) of the Scottish Parliamentary Election Rules— the countermand or direction does not affect the other poll at the Scottish parliamentary election or the poll for the referendum. Rule 78 of the Scottish Parliamentary Election Rules has effect as if it were amended in accordance with sub-paragraphs (3) and (4). In paragraph (2), after “CRO” insert “or counting officer”. For paragraph (3) substitute— This paragraph applies instead of rule 78(10) of the Scottish Parliamentary Election Rules.
The Chief Electoral Officer must count the votes given on the ballot papers, separately in respect of the referendum and each relevant election, but must not do so until— The Chief Electoral Officer, while counting the votes, must— The Chief Electoral Officer must so far as practicable proceed continuously with the counting of votes, allowing only time for refreshment, except that— During the time so excluded the Chief Electoral Officer must—
The result of the referendum or a relevant election may not be declared until the statement as to the result of the verification of the ballot paper accounts in relation to each poll has been prepared.
Section 9C of the 2000 Act (provision of information about expenditure) applies for the purposes of the referendum as if for the words in subsection (2)(c) after “in connection with” there were substituted “ the referendum under section 1 of the Parliamentary Voting System and Constituencies Act 2011. ”
Section 128 of the 2000 Act (counting officers etc for referendums) applies for the purposes of the referendum as if—
subsections (3), (4), (8) and (9)(b) were omitted;
in subsection (5), for “the area for which he is appointed” there were substituted “ the voting area for which he acts ”;
in subsection (9), for paragraph (a) there were substituted—.
Expenses incurred in respect of the publication of any matter relating to the referendum, other than an advertisement, in— are not “referendum expenses” for the purposes of Part 7 of the 2000 Act.
a newspaper or periodical,
a broadcast made by the British Broadcasting Corporation or Sianel Pedwar Cymru, or
a programme included in any service licensed under Part 1 or 3 of the Broadcasting Act 1990 or Part 1 or 2 of the Broadcasting Act 1996,
The 2000 Act has effect in relation to the referendum as if the Schedule set out in Schedule 9 to this Act were inserted in that Act as Schedule 15A.
Section 120 of the 2000 Act (returns as to referendum expenses) has effect in relation to the referendum as if at the end of subsection (2)(d) there were inserted “ and a statement of regulated transactions entered into in respect of the referendum which complies with the requirements of paragraphs 11 to 15 of Schedule 15A ”.
Section 123 of the 2000 Act (declaration of responsible person as to return under section 120) has effect in relation to the referendum as if for subsection (3) there were substituted—
Section 124 of the 2000 Act (public inspection of returns under section 120) has effect in relation to the referendum as if for subsection (2) there were substituted—
Schedule 15 to the 2000 Act (control of donations to permitted participants) has effect in relation to the referendum as if—
paragraph (d) of paragraph 2(1) were omitted, together with paragraph 2(3)(a), the words “the loan or” in paragraphs 2(3) and 5(4)(a), the words “(d) or” in paragraph 5(4), and paragraph 5(4)(a)(i);
In paragraph (b) “relevant benefit” means any relevant donation or regulated transaction (within the meaning of Schedule 15A) made by, or entered into with, the person who made the donation.”
Schedule 19C to the 2000 Act (civil sanctions), and any order under Part 5 of that Schedule, have effect as if offences under paragraph 8(1) to (12) of the Schedule set out in Schedule 9 to this Act were offences prescribed in an order under that Part.
Paragraphs 4, 5, 6 and 8 of the Schedule set out in Schedule 9 do not apply to regulated transactions (within the meaning of that Schedule) entered into before the commencement of this section; but otherwise the provisions of this section (and that Schedule) apply to such transactions entered into before as well as after that commencement.
Paragraph 7 of that Schedule applies only to a purported transfer made on or after the commencement of this section.
In this Part—
“peer” means a peer who is a member of the House of Lords;
The counting officer must give public notice of the poll stating— The notice of the poll must be published not later than the 15th day before the day of the referendum. No later than the time of the publication of the notice of the poll, the counting officer must also give public notice of— As soon as practicable after giving the notice under paragraph (3), the counting officer must give a copy of it to each of the referendum agents appointed for the officer's area.
The counting officer must appoint and pay— But the officer may not employ a person who has been employed by or on behalf of a permitted participant in or about the referendum. The counting officer may, if the officer thinks fit, preside at a polling station. A presiding officer may do, by the clerks appointed to assist the officer, any act (including the asking of questions) which the officer is required or authorised by these rules to do at a polling station except order the arrest, exclusion or removal of a person from the polling station.
The counting officer must provide each presiding officer with however many ballot boxes and ballot papers the counting officer thinks are necessary. Every ballot box must be constructed so that the ballot papers can be put in it, but cannot be withdrawn from it, without the box being unlocked or (in the case of a box without a lock) the seal being broken. The counting officer must provide each polling station with— The list provided under sub-paragraph (d) must be in the form set out in Form 11 in Part 2 of this Schedule. The counting officer must also provide each polling station with— The device mentioned in paragraph (4)(b) must— A notice in the form set out in Form 12 in Part 2 of this Schedule, giving directions for the guidance of the voters in voting, must be printed in conspicuous characters and exhibited inside and outside every polling station. Mark one box only. Put no other mark on the ballot paper, or your vote may not be counted The reference in paragraph (3)(b) to the copies of a register of electors includes a reference to copies of any notices issued under section 13B(3B) or (3D) or 13BA(9) of the 1983 Act in respect of alterations to the register.
Where— the counting officer must mark the list in the manner prescribed by the relevant postal voting provisions. Rule 40 (3) and (4) does not apply for the purpose of determining whether, for the purposes of this rule, a postal vote or a proxy postal vote is returned.
The ballot of every voter is to consist of a ballot paper, which is to be printed in the form set out in Form 1 in Part 2 of this Schedule and according to the directions specified in that Part. Each ballot paper—
A person who has voted in the referendum may not be required, in any legal proceeding to question the referendum, to state for which answer he or she voted.
The functions of the constituency returning officer under rule 34 of the Assembly Elections Rules are to be carried out by the counting officer.
The functions of the constituency returning officer under rule 37 of the Assembly Elections Rules are to be carried out by the counting officer.
The large version of the ballot paper displayed inside the polling station under rule 17(4)(a) of the referendum rules must be of the same colour as the ballot papers to be used for the referendum. The large version of the ballot paper displayed inside the polling station under rule 37(7)(a) of the Assembly Elections Rules in respect of each Assembly election must be of the same colour as the ballot papers to be used for that election.
A notice required to be given to a constituency returning officer under rule 38(5), (6) or (7) of the Assembly Elections Rules is to be given to the counting officer.
Rule 21(1) of the referendum rules has effect as if the persons listed there included persons who would be entitled to be admitted to the polling station for an Assembly election if the poll for the election were held on its own. Rule 41(1) of the Assembly Elections Rules has effect as if the persons listed there included persons who would be entitled to be admitted to the polling station for the referendum if the poll for the referendum were held on its own.
If the counting officer thinks fit, the same copy of the register of electors may be used under the following provisions for the purposes of the referendum and the Assembly elections— Sub-paragraphs (3) and (4) apply where the same copy of the register is used as mentioned in sub-paragraph (1). In a case where a ballot paper is delivered at the same time in respect of the referendum, the Assembly constituency election and the Assembly regional election, a single mark must be placed in the register against the number of the elector under— In any other case, a mark must be placed in the register against the number of the elector identifying the poll to which each ballot paper delivered relates. In the case of an elector who is added to the register in pursuance of a notice issued under section 13B(3B) or (3D) of the 1983 Act— Where the same copy of the register is used as mentioned in sub-paragraph (1), this paragraph applies instead of rule 46(6) of the Assembly Elections Rules except so far as it relates to the list of proxies.
If the counting officer thinks fit, a single list of voters with disabilities assisted by companions may be used for the purposes of the referendum and the Assembly elections. Where a person’s entry in that list does not relate to the referendum, the Assembly constituency election and the Assembly regional election, the entry must— In this paragraph “list of voters with disabilities assisted by companions” means a list compiled under— Where a single list is used as mentioned in sub-paragraph (1), this paragraph applies instead of rule 48(9) of the Assembly Elections Rules.
Rule 52(1) of the Assembly Elections Rules has effect as if references to the constituency returning officer were to the counting officer.
The functions of the constituency returning officer under rule 35 of the Scottish Parliamentary Election Rules are to be carried out by the counting officer.
The functions of the constituency returning officer under rule 38 of the Scottish Parliamentary Election Rules are to be carried out by the counting officer.
The large version of the ballot paper displayed inside the polling station under rule 17(4)(a) of the referendum rules must be of the same colour as the ballot papers to be used for the referendum. The enlarged sample copy of the constituency ballot paper displayed at the polling station under rule 38(4)(a) of the Scottish Parliamentary Election Rules, and the enlarged sample copy of the regional ballot paper displayed under that rule, must be of the same colour as the actual ballot papers.
A notice required to be given to a constituency returning officer under rule 39(4), (5) or (6) of the Scottish Parliamentary Election Rules is to be given instead to the counting officer.
As soon as practicable after the close of the poll the counting officer must— The counting officer must not count any tendered ballot papers. The counting officer, while counting and recording the number of ballot papers, must— The counting officer must, in the presence of the referendum agents and the election agents for the Scottish parliamentary election— The counting officer must, on request, provide an election agent for the Scottish parliamentary election with a copy of the statement relating to that election. A counting agent for the referendum present at the verification may copy the statement relating to the referendum. Once the statement relating to the referendum is drawn up, the counting officer must— Rule 40 of the referendum rules does not apply.
Where separate ballot boxes are used for referendum ballot papers, constituency ballot papers and regional ballot papers, the placing of a ballot paper in the wrong ballot box does not render it void.
The statement of persons nominated at the relevant elections must be published by not later than the 15th day before the date of the poll. The timetables set out in the following provisions are to be read with whatever modifications are necessary to give effect to sub-paragraph (1)—
This paragraph applies where the Chief Electoral Officer decides that the proceedings on the issue and receipt of postal ballot papers in respect of the referendum and the relevant elections are to be taken together. If the Chief Electoral Officer thinks fit, the lists to be prepared under the following provisions may be combined in the form set out in Form 1 in Part 3 of this Schedule— In that case, this paragraph applies instead of—
The referendum polling stations are to be used for the combined polls.
If the counting officer thinks fit, the same ballot box may be used at the polls for the referendum and the Assembly elections. Where separate ballot boxes are used, each must be clearly marked to show— This paragraph applies instead of rule 37(2) and (3) of the Assembly Elections Rules.
If the counting officer thinks fit, the counting officer may require the relevant registration officer to produce a combined list of proxies for the referendum and the Assembly elections. The following provisions apply where the lists are combined and a person applies for a ballot paper as proxy. Immediately before delivery of the ballot paper the list of proxies must be marked in a way that identifies— Sub-paragraph (3) applies instead of—
rule 28(2)(d) of the referendum rules;
rule 46(1)(d) of the Assembly Elections Rules and rule 46(6) of those rules so far as it relates to the list of proxies.
The referendum polling stations are to be used for the combined polls.
If the counting officer thinks fit, the same ballot box may be used at the polls for the referendum and the Scottish parliamentary election (in which case the requirement for separate ballot boxes in rule 38(1) of the Scottish Parliamentary Election Rules does not apply). Where separate ballot boxes are used, each must be clearly marked—
This paragraph applies where the Chief Electoral Officer decides that the proceedings on the issue and receipt of postal ballot papers in respect of the referendum and the relevant elections are not to be taken together. If the Chief Electoral Officer thinks fit, the officer may prepare a single list containing the numbers and other unique identifying marks of all of the ballot papers to be provided to presiding officers in pursuance of the following provisions— The list must be in the form set out in Form 1 in Part 3 of this Schedule. If a list is prepared in relation to ballot papers under this paragraph, the list prepared under the following provisions must not include details relating to those ballot papers— A reference in an enactment to a list prepared under a provision mentioned in sub-paragraph (4) has effect, in so far as it relates to ballot papers to be provided in pursuance of the provisions mentioned in sub-paragraph (2), as a reference to the list prepared under this paragraph.
This paragraph applies where proceedings on the issue and receipt of postal ballot papers are taken together by virtue of paragraph 2 of Schedule 3 to the Welsh Assembly Order. If the counting officer thinks fit, the counting officer may require the relevant registration officer to produce a combined postal voters list and a combined proxy postal voters list for the referendum and the Assembly elections.
a county council in England;
Immediately before the commencement of the poll, the presiding officer must show anyone present in the polling station that the ballot box is empty. The presiding officer must then–
place the box in his or her view for the receipt of ballot papers, and keep it so locked (if it has a lock) and sealed.
A ballot paper must be delivered to a voter who applies for one, subject to any provision of these rules to the contrary.
The functions of the constituency returning officer under the following paragraphs of rule 36 of the Scottish Parliamentary Election Rules are to be carried out by the counting officer—
paragraph (1) so far as it relates to the appointment of presiding officers and clerks;
paragraph (2).
The counting officer must make arrangements for counting the ballot papers and carrying out the other functions conferred by paragraph 46 in the presence of the counting agents. The counting officer must give the counting agents and the regional returning officer notice in writing of the time and place at which the proceedings under paragraph 46 will begin. A person may be present at the proceedings under paragraph 46 only if— The counting officer may give a person permission under sub-paragraph (3)(b) only if— The counting officer must give the counting agents— the officer can give them consistently with the orderly conduct of the proceedings and the discharge of the officer’s duties.
The counting officer must count the votes given on the referendum ballot papers, but must not do so until— Where proceedings on the issue and receipt of postal ballot papers are not taken together by virtue of paragraph 2 of Schedule 4 to the 2010 Order, the constituency returning officer for the Scottish parliamentary election must count the duly returned postal constituency ballot papers and the duly returned postal regional ballot papers and record separately the number relating to each. The constituency returning officer must count the votes given on the constituency ballot papers and regional ballot papers, but must not do so until— The counting or constituency returning officer, while counting the votes, must— The counting or constituency returning officer must so far as practicable proceed continuously with the counting of votes, allowing only time for refreshment, except that— During the time so excluded the counting or constituency returning officer must— This paragraph and paragraph 49 apply instead of rule 55 of the Scottish Parliamentary Election Rules.
The counting officer may not open the sealed packets of— Rule 68(2) of the Scottish Parliamentary Election Rules has effect as if sub-paragraphs (b) and (d) were omitted.
Paragraph 1 of Schedule 1 to the 2010 Order has effect as if a reference to a returning officer included a reference to the counting officer.
An election the poll for which is, under section 4(4), to be taken together with the poll for the referendum is referred to in this Schedule as a “relevant election”. The polls to be taken together are referred to in this Schedule as “combined polls”.
The reference in paragraph 5(5)(a) of Schedule 1 to a counting officer’s functions includes (subject to sub-paragraph (5)) the functions of the Chief Electoral Officer that are conferred by— The reference in paragraph 5(5)(c) of that Schedule to information that a counting officer has or is entitled to have includes information that the Chief Electoral Officer has, or is entitled to have, by virtue of exercising those functions. The relevant provisions of the Assembly Elections Rules are— The relevant provisions of the Local Elections Rules are— Functions of the Chief Electoral Officer conferred by— fall within sub-paragraph (1) only where the Chief Electoral Officer decides that the proceedings on the issue and receipt of postal ballot papers in respect of the referendum and the relevant elections are to be taken together. The Chief Electoral Officer may not decide that the proceedings on the issue and receipt of postal ballot papers in respect of the referendum and the relevant elections are to be taken together unless the Chief Counting Officer agrees.
In Northern Ireland a ballot paper must not be delivered to a voter unless the voter has produced a specified document to the presiding officer or a clerk. A clerk or presiding officer in Northern Ireland to whom a specified document is produced must not deliver a ballot paper to the voter if the clerk or officer decides that— Where such a decision is made by a clerk, the clerk must refer the case to the presiding officer, who must deal with it under this rule as if the specified document had been produced to the officer in the first place. For the purposes of this rule a specified document is one that for the time being falls within the following list— In paragraph (4)(a) “licence to drive a motor vehicle” means a licence granted under— and includes a Community licence within the meaning of those enactments. References in this rule to producing a document are to producing it for inspection.
Rule 39(1) of the referendum rules (arrangements for the counting of votes in the referendum) has effect with the omission of the words “after the close of the poll”.
In this Schedule—
This rule applies where there is a duty to deliver a ballot paper to a voter under rule 26. Immediately before delivery of the ballot paper— An elector who has an anonymous entry must show the presiding officer his or her official poll card and only the number is to be called out in pursuance of paragraph (2)(a). In the case of an elector who is added to the register in pursuance of a notice issued under section 13B(3B) or (3D) or 13BA(9) of the 1983 Act—
The constituency returning officer must make arrangements for counting the votes for the Scottish parliamentary election in the presence of the counting agents for the election as soon as practicable after receiving the ballot papers from the counting officer under paragraph 47. The constituency returning officer must give the counting agents for the Scottish parliamentary election and the regional returning officer notice in writing of the time and place at which the counting of the votes for the elections will begin. A person may be present at the counting of the votes for a Scottish parliamentary election only if— The constituency returning officer may give a person permission under sub-paragraph (3)(a) only if— The constituency returning officer must give the counting agents for the Scottish parliamentary election— the officer can give them consistently with the orderly conduct of the proceedings and the discharge of the officer’s duties. In particular, where the votes are counted by sorting the ballot papers into lots according to the votes marked on them and then counting the number of ballot papers in each lot, the counting agents for the Scottish parliamentary election are entitled to satisfy themselves that the ballot papers are correctly sorted.
Immediately after receiving a ballot paper the voter must— The voter must vote without undue delay, and must leave the polling station as soon as he or she has put the ballot paper into the ballot box.
Paragraphs 42 and 44 apply instead of rule 54 of the Scottish Parliamentary Election Rules.
The referendum ballot papers must be of a different colour from the colour of the constituency ballot papers or the regional ballot papers.
A notice in the form set out in Form 6 in Part 3 of this Schedule, giving directions for the guidance of voters in voting, must be printed in conspicuous characters and exhibited outside and inside every polling station. This paragraph applies instead of—
The functions of the constituency returning officer under rule 40(1) of the Scottish Parliamentary Election Rules are to be carried out by the counting officer.
The counting officer must deliver or cause to be delivered to the constituency returning officer the ballot papers for the Scottish parliamentary election. The counting officer must also deliver or cause to be delivered to the constituency returning officer the packets of— If the counting officer has not begun to count the votes given on the referendum ballot papers by the time the statements as to the result of the verification of the ballot paper accounts in relation to all the polls are prepared— If, in respect of the constituency poll or the regional poll, none of the ballot papers have been delivered under sub-paragraph (1) by the time the statements as to the result of the verification of the ballot paper accounts in relation to all the polls are prepared—
The result of the referendum or the constituency or regional poll in the Scottish parliamentary election may not be declared until the statement as to the result of the verification of the ballot paper accounts in relation to each poll has been prepared.
in relation to Northern Ireland, means the list kept under paragraph 19(6) of Schedule 3;
Each of the following, as it exists on the day of the referendum, is a “voting area” for the purposes of this Part—
a district in England for which there is a district council;
a county in England in which there are no districts with councils;
a London borough;
the City of London (including the Inner and Middle Temples);
the Isles of Scilly;
a constituency for the National Assembly for Wales;
a constituency for the Scottish Parliament;
Northern Ireland.
The Minister must make an order bringing into force section 9, Schedule 10 and Part 1 of Schedule 12 (“the alternative vote provisions”) if—
more votes are cast in the referendum in favour of the answer “Yes” than in favour of the answer “No”, and
the draft of an Order in Council laid before Parliament under subsection (5A) of section 3 of the Parliamentary Constituencies Act 1986 (substituted by section 10(6) below) has been submitted to Her Majesty in Council under section 4 of that Act.
If more votes are not cast in the referendum in favour of the answer “Yes” than in favour of the answer “No”, the Minister must make an order repealing the alternative vote provisions.
An order under subsection (1)—
must bring the alternative vote provisions into force on the same day as the coming into force of the Order in Council in terms of the draft referred to in paragraph (b) of that subsection, but
does not affect any election held before the first parliamentary general election following that day.
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In Schedule 1 to the 1983 Act (parliamentary elections rules), after rule 37 there is inserted—
After rule 45 in that Schedule there is inserted—
Schedule 10 makes further amendments to the parliamentary elections rules, and other legislation, in connection with the alternative vote system.
The Minister may by order make any amendments to primary or secondary legislation (whenever passed or made) that are consequential on amendments made by this section or Schedule 10.
In subsection (4) “primary or secondary legislation” means any provision of, or made under, any Act.
An order under subsection (4) may include transitional or saving provision.
An order under subsection (4) may not be made unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.
Before making an order under subsection (4) the Minister must consult the Electoral Commission.
In the Parliamentary Constituencies Act 1986 (“the 1986 Act”) section 3 (reports of the Boundary Commissions) is amended as set out in subsections (2) to (7).
In subsection (1)—
in paragraph (a), for “paragraphs 1 to 6 of Schedule 2 to this Act (read with paragraph 7 of that Schedule)” there is substituted “ Schedule 2 to this Act ”;
in paragraph (b), the words “(read with paragraph 7)” are repealed.
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After subsection (2A) there is inserted—
Subsection (3) is repealed.
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Subsections (7) and (8) are repealed.
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In Schedule 1 to the 1986 Act (the Boundary Commissions), in paragraph 5(d) (assessor officers of the Boundary Commission for Northern Ireland)—
for “and the” there is substituted “ , the ”;
at the end there is inserted “ and the Chief Survey Officer of Land and Property Services ”.
In paragraph 6 of that Schedule (assistant Commissioners)—
in sub-paragraph (1), for the words after “assistant Commissioners” there is substituted “ to assist the Commission in the discharge of their functions. ”;
in sub-paragraph (2), for “inquiry” there is substituted “ matter ”.
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For Schedule 2 to the 1986 Act there is substituted—
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In Part 4 of Schedule 1 to the House of Commons Disqualification Act 1975 (offices disqualifying for particular constituencies)—
in the entry for Member of Her Majesty's Commission of Lieutenancy for the City of London, for “The constituency comprising the whole of” there is substituted “ Any constituency comprising the whole or part of ”;
in the entry for Governor of the Isle of Wight, for “The Isle of Wight” there is substituted “ Any constituency comprising any part of the Isle of Wight ”.
In section 8 of the Representation of the People Act 1983 (registration officers), for paragraph (b) of subsection (2) there is substituted—
For section 5 of the 1986 Act (notices) there is substituted—
After Schedule 2 to the 1986 Act there is inserted the Schedule set out in Schedule 11 to this Act.
Section 6 of the 1986 Act (local inquiries) is repealed.
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The following provisions of the Government of Wales Act 2006 are repealed—
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Schedule 1;
paragraph 1 of Schedule 11.
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the Boundary Commission for Wales have informed the Minister in accordance with section 5(1) of the 1986 Act of their intention to consider making a report under section 3(3) of that Act,
at the time when Part 2 of this Act comes into force the report has not been delivered to the Minister, and
the Commission give notice in writing to the Minister that they intend to proceed with the report.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
a report by the Boundary Commission for Wales under section 3(3) of the 1986 Act has been submitted to the Minister, but
no Order in Council under that Act has yet been made for giving effect to it.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
for the purposes of Part 1 of the Government of Wales Act 2006 (National Assembly for Wales), the 1986 Act has effect without the amendments made by this Act;
that Part has effect without the amendments made by subsection (2).
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subsections (1) to (2A) of section 3 were omitted, and
the following subsection were substituted for subsection (6) of section 4—
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the word “parliamentary” were omitted from paragraph 2(1), and
paragraph 10 were omitted.
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The Minister must make arrangements—
for a committee to carry out a review of the effects of the reduction in the number of constituencies brought about by section 11;
for the findings of the review to be published.
A majority of the members of the committee are to be Members of the House of Commons.
Arrangements under subsection (1)(a) are to be made no earlier than 1 June 2015 and no later than 30 November 2015.
In this section “the Minister” means the Lord President of the Council or the Secretary of State.
A power under this Act to make an order is exercisable by statutory instrument.
Schedule 12 (repeals) has effect.
There is to be paid out of money provided by Parliament any increase attributable to this Act in the sums payable under any other Act out of money so provided.
There is to be charged on and paid out of the Consolidated Fund any increase attributable to this Act in the sums to be charged on and paid out of that Fund under any other Act.
There is to be paid into the Consolidated Fund any increase attributable to this Act in the sums payable into that Fund under any other Act.
This Act extends to the whole of the United Kingdom, except that—
Part 1 of Schedule 3 extends only to England and Wales and Scotland;
Part 2 of that Schedule extends only to Northern Ireland;
an amendment or repeal made by this Act has the same extent as the provision amended or repealed.
Section 9, Schedule 10 and Part 1 of Schedule 12 come into force in accordance with provision made by an order under section 8(1).
The other provisions of this Act come into force on the day on which this Act is passed.
This Act may be cited as the Parliamentary Voting System and Constituencies Act 2011.
Section 1
“European Parliamentary Elections (Northern Ireland) Regulations” means the European Parliamentary Elections (Northern Ireland) Regulations 2004 (S.I. 2004/1267);
The Chief Counting Officer must take whatever steps the officer thinks appropriate to encourage participation in the referendum. An officer to whom sub-paragraph (3) applies must take whatever steps the officer thinks appropriate to encourage participation in the referendum in the area or region for which the officer acts. This sub-paragraph applies to— The Chief Counting Officer must take whatever steps the officer thinks appropriate to facilitate co-operation between that officer and the officers to whom sub-paragraph (3) applies in taking any steps under sub-paragraph (1) or (2). In discharging the duty imposed by sub-paragraph (1) or (2) an officer must have regard to any guidance issued by the Electoral Commission. The Minister may reimburse any expenditure incurred by an officer for the purposes of sub-paragraph (1) or (2).
This paragraph applies to a grant under subsection (2) of section 110 of the 2000 Act (assistance available to designated organisations) made in respect of the referendum. The grant may be paid in whatever instalments the Electoral Commission consider appropriate. Instalments may be withheld if the Commission are satisfied that the designated organisation concerned has failed to comply with a condition imposed under section 110(3) of the 2000 Act. Section 110(2) of the 2000 Act, in so far as it requires the grant to be of the same amount in the case of each designated organisation, has effect in relation to the referendum subject to sub-paragraph (3).
Section 65(6) of the Local Government Finance Act 1988 (occupation for election meetings and polls) has effect as if— Section 98 of the 1983 Act and rule 22(3) in Schedule 1 to that Act (which make equivalent provision, applying in Scotland and Northern Ireland) have effect as if—
If directed to do so by the Treasury, the Electoral Commission must prepare accounts in respect of their expenditure in relation to the referendum. Accounts under this paragraph must be prepared in accordance with directions given to the Commission by the Treasury. Directions under sub-paragraph (2) may include, in particular, directions as to— Accounts under this paragraph must be submitted by the Commission to— as soon may be practicable after the giving of the direction under sub-paragraph (1).
the additional information (if any) that is to accompany the accounts.
The Chief Counting Officer may appoint a Regional Counting Officer for any region in Great Britain. For the purposes of this paragraph the regions are— East Midlands; Eastern; London; North East; North West; South East; South West; West Midlands; Yorkshire and the Humber; Scotland; Wales. The regions in England comprise the areas specified in the Table in Schedule 1 to the European Parliamentary Elections Act 2002 (ignoring paragraph 2(2) of that Schedule and the references to Gibraltar) as it has effect for the time being.
A Regional Counting Officer or counting officer may take whatever steps the officer thinks appropriate to remedy any act or omission on the part of the officer or a relevant person that— But a counting officer may not under this paragraph conduct a re-count of the votes once a direction has been given under rule 43(3)(b) of the referendum rules. The relevant persons are— For the purposes of sub-paragraph (3)(d) a person (“A”) is an assistant of another person (“P”) if— in connection with any function in relation to the referendum.
The counting officer must make arrangements for counting the votes in the presence of the counting agents as soon as practicable after the close of the poll. The counting officer must give the counting agents notice in writing of the time and place at which the counting of votes will begin. A person may be present at the counting of the votes only if— The persons within this paragraph are— The counting officer may give a person permission under paragraph (3)(b) only if— The counting officer must give the counting agents— the officer can give them consistently with the orderly conduct of the proceedings and the discharge of the officer's duties. In particular, where the votes are counted by sorting the ballot papers according to the answer for which the vote is given and then counting the number of ballot papers for each answer, the counting agents are entitled to satisfy themselves that the ballot papers are correctly sorted.
Any ballot paper— is void and not to be counted. But a ballot paper on which the vote is marked— is not to be treated as void for that reason if the voter's intended answer to the referendum question is apparent, and the way the paper is marked does not itself identify the voter and it is not shown that the voter can be identified by it. The counting officer must endorse the word “rejected” on any ballot paper which under this rule is not to be counted, and must add to the endorsement the words “rejection objected to” if an objection is made by a counting agent to the officer's decision. The counting officer must draw up a statement showing the number of ballot papers rejected under each of the following heads— Once the statement is drawn up the counting officer must— Where two or more forms of ballot paper are used in the referendum, the counting officer must prepare a separate statement under paragraph (4) in relation to each form of ballot paper used.
This rule applies to the counting officer for a voting area in a region for which a Regional Counting Officer is appointed. After making the certification under section 128(5) of the 2000 Act, the counting officer must— When authorised to do so by the Regional Counting Officer, the counting officer must—
On the completion of the counting the counting officer must seal up in separate packets— The counting officer may not open the sealed packets of—
A registration officer or (as the case may be) counting officer must retain for a year all documents relating to the referendum and then, unless otherwise directed by an order of a competent court, must have them destroyed. For the purposes of paragraph (1) a competent court is— While documents are retained under paragraph (1) they must be open to public inspection. This does not apply to— The registration officer or (as the case may be) counting officer must, on request, supply to any person copies of or extracts from any description of the documents open to public inspection that is prescribed by the relevant regulations. A right to inspect or be supplied with a document or part of a document under this rule is subject to—
In this Part of this Schedule—
“Mayoral Elections (Combination of Polls) Rules” means the rules set out in Schedule 3 to the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007 (S.I. 2007/1024);
“responsible person” has the same meaning as in Part 7 of the 2000 Act (see section 105(2) of that Act).
The counting officer must make arrangements for counting the ballot papers and carrying out the other functions conferred by paragraph 42 in the presence of the counting agents. The counting officer must give the counting agents notice in writing of the time and place at which the proceedings under paragraph 42 will begin. A person may be present at the proceedings under paragraph 42 only if— The counting officer may give a person permission under sub-paragraph (3)(b) only if— The counting officer must give the counting agents— the officer can give them consistently with the orderly conduct of the proceedings and the discharge of the officer’s duties.
The counting officer must count the votes given on the ballot papers for the referendum, but must not do so until— Where proceedings on the issue and receipt of postal ballot papers for a relevant election are not taken together with those for the referendum and any other relevant elections, the returning officer for the relevant election must count the postal ballot papers that have been duly returned and record the number counted. The returning officer for a relevant election must count the votes given on the ballot papers for the relevant election, but must not do so until— The counting or returning officer, while counting the votes, must— The counting or returning officer must so far as practicable proceed continuously with the counting of votes, allowing only time for refreshment, except that— During the time so excluded the counting or returning officer must— This paragraph and paragraph 45 apply instead of—
The counting officer may not open the sealed packets of— The following provisions have effect as if paragraph (3) were omitted—
rule 51 of the Local Elections (Combination of Polls) Rules;
rule 51 of the Parish Elections (Combination of Polls) Rules;
rule 44 of the Local Referendums (Combination of Polls) Rules;
rule 56 of the Mayoral Elections (Combination of Polls) Rules.
Regulation 98 of the Representation of the People (England and Wales) Regulations 2001 as modified by Part 3 of Schedule 4 above applies for the purposes of a relevant election as it applies for the purposes of the referendum.
If the counting officer thinks fit, a single list of votes marked by the presiding officer may be used for the purposes of the referendum and the Assembly elections. Where a person’s entry in that list does not relate to the referendum, the Assembly constituency election and the Assembly regional election, the entry must— In this paragraph “list of votes marked by the presiding officer” means a list compiled under— Where a single list is used as mentioned in sub-paragraph (1), this paragraph applies instead of rule 47(5) of the Assembly Elections Rules.
If the counting officer thinks fit, a single tendered votes list may be used for the purposes of the referendum and the Assembly elections. Where a person’s entry in that list does not relate to the referendum, the Assembly constituency election and the Assembly regional election, the entry must— In this paragraph “tendered votes list” means a list compiled under— Where a single list is used as mentioned in sub-paragraph (1), this paragraph applies instead of rule 49(12) of the Assembly Elections Rules.
In rule 38(1) of the referendum rules the reference to polling agents includes a reference to polling agents appointed for the purposes of an Assembly election. In rule 53(1) of the Assembly Elections Rules the reference to polling agents includes a reference to polling agents appointed for the purposes of the referendum.
Rule 21(1) of the referendum rules has effect as if the persons listed there included persons who would be entitled to be admitted to the polling station for a Scottish parliamentary election if the poll for the election were held on its own. Rule 41(1) of the Scottish Parliamentary Election Rules has effect as if the persons listed there included persons who would be entitled to be admitted to the polling station for the referendum if the poll for the referendum were held on its own.
If the counting officer thinks fit, the same copy of the register of electors may be used under the following provisions for the purposes of the referendum and the Scottish parliamentary election— Sub-paragraphs (3) and (4) apply where the same copy of the register is used as mentioned in sub-paragraph (1). In a case where a referendum ballot paper, and a constituency ballot paper and regional ballot paper, are delivered at the same time, a single mark must be placed in the register against the number of the elector under— In any other case, a mark must be placed in the register against the number of the elector identifying the poll to which each ballot paper delivered relates. In the case of an elector who is added to the register in pursuance of a notice issued under section 13B(3B) or (3D) of the 1983 Act— Where the same copy of the register is used as mentioned in sub-paragraph (1), this paragraph applies instead of rule 46(6) of the Scottish Parliamentary Election Rules except so far as it relates to the list of proxies.
If the counting officer thinks fit, a single list of voters with disabilities assisted by companions may be used may be used in respect of— Where a person’s entry in that list does not relate to all three kinds of ballot paper, the entry must identify each kind to which it relates. In this paragraph “list of voters with disabilities assisted by companions” means a list compiled under— Where a single list is used as mentioned in sub-paragraph (1), this paragraph applies instead of rule 48(8) of the Scottish Parliamentary Election Rules.
Rule 52(1) of the Scottish Parliamentary Election Rules has effect as if “counting officer” were substituted for “CRO”.
Rule 39(1) of the referendum rules (arrangements for the counting of votes in the referendum) has effect with the omission of the words “after the close of the poll”.
A packet made up under one of the following provisions may not be combined with a packet made up under another of those provisions. The provisions are—
If the counting officer thinks fit, the counting officer may require the relevant registration officer to produce a combined list of proxies for the referendum and the Scottish parliamentary election. The following provisions apply where the lists are combined and a person applies for a ballot paper as proxy. Immediately before delivery of the ballot paper the list of proxies must be marked in a way that— Sub-paragraph (3) applies instead of—
rule 28(2)(d) of the referendum rules;
rule 46(2)(d) of the Scottish Parliamentary Election Rules and rule 46(6) of those rules so far as it relates to the list of proxies.
The returning officer for a relevant election must make arrangements for counting the votes in the presence of the counting agents for the relevant election as soon as practicable after receiving the ballot papers from the counting officer under paragraph 43. The returning officer must give the counting agents for the relevant election notice in writing of the time and place at which the counting of the votes for the relevant election will begin. A person may be present at the counting of the votes for a relevant election only if— The returning officer may give a person permission under sub-paragraph (3)(a) only if— The returning officer must give the counting agents for the relevant election— the officer can give them consistently with the orderly conduct of the proceedings and the discharge of the officer’s duties. In particular, where the votes are counted by sorting the ballot papers into lots according to the votes marked on them and then counting the number of ballot papers in each lot, the counting agents for the relevant election are entitled to satisfy themselves that the ballot papers are correctly sorted.
The ballot paper accounts prepared under rule 38(6) of the referendum rules and rule 53(4) of the Assembly Elections Rules may not be combined.
This paragraph applies where proceedings on the issue and receipt of postal ballot papers are taken together by virtue of paragraph 2 of Schedule 4 to the 2010 Order. If the counting officer think fit, the counting officer may require the relevant registration officer to produce a combined postal voters list and a combined proxy postal voters list for the referendum and the Scottish parliamentary election.
Paragraphs 38 and 40 apply instead of—
rule 44 of the Local Elections (Combination of Polls) Rules;
rule 44 of the Parish Elections (Combination of Polls) Rules;
rule 37 of the Local Referendums (Combination of Polls) Rules;
rule 46 of the Mayoral Elections (Combination of Polls) Rules.
In rule 53(3) of the Assembly Elections Rules references to a constituency returning officer are to be read as references to the counting officer.
Where a person applies to the registration officer to vote by post in the referendum, the registration officer must grant the application if— Where a person applies to the registration officer to vote by proxy in the referendum, the registration officer must grant the application if— Where a person— the registration officer must grant the application if it meets the requirements prescribed by the relevant regulations. Nothing in sub-paragraph (1), (2) or (3) applies to— But if a person is included in a record mentioned in sub-paragraph (4)(a), (b) or (c) and is shown in the record as voting by post, the person may, in respect of the referendum, apply to the registration officer— The registration officer must grant an application under sub-paragraph (5) if— The registration officer may dispense with the requirement under sub-paragraph (1)(b) or (2)(c) for the applicant to provide a signature if the officer is satisfied that the applicant— The registration officer must keep a record of those whose applications under this paragraph have been granted, showing— The record kept under sub-paragraph (8) must be retained by the registration officer for the period of twelve months beginning with the date of the poll for the referendum.
Section 6E of the 2000 Act has effect as if for subsection (4) there were substituted—
The following provisions have effect as if they were modified in accordance with sub-paragraphs (2) and (3)— In paragraph (4), for “returning officer” substitute “relevant counting officer”. In paragraph (7), for the words from the beginning to “further step” substitute “Once the ballot papers relating to each relevant election or referendum have been separated, no step or further step may be taken”.
Forms 2, 3, 5, 6 and 8 in Part 3 of this Schedule are “relevant forms” for the purposes of rule 10 of the referendum rules.
The counting officer must deliver or cause to be delivered to the constituency returning officer the ballot papers for the Assembly elections. The counting officer must also deliver or cause to be delivered to the constituency returning officer— If the counting officer has not begun to count the votes given on the referendum ballot papers by the time the statements as to the result of the verification of the ballot paper accounts in relation to all the polls are prepared— If, in respect of an Assembly constituency election or an Assembly regional election, none of the ballot papers have been delivered under sub-paragraph (1) by the time the statements as to the result of the verification of the ballot paper accounts in relation to all the polls are prepared—
The result of the referendum or an Assembly election may not be declared until the statement as to the result of the verification of the ballot paper accounts in relation to each poll has been prepared.
This rule applies to— After making the certification under section 128(5) of the 2000 Act, the counting officer must— When authorised to do so by the Chief Counting Officer, the counting officer must—
“the 2000 Act” means the Political Parties, Elections and Referendums Act 2000;
A local authority whose area forms, or forms part of, a particular voting area must place the services of their officers at the disposal of— for the purpose of assisting the officer in the discharge of his or her functions. In this paragraph “local authority”—
“Welsh Assembly general election” means an ordinary election under section 3 of the Government of Wales Act 2006.
A permitted participant may, for any voting area, appoint an individual (who may be the responsible person) to act as the permitted participant's agent (“referendum agent”).
This paragraph applies where— The expenses mentioned in sub-paragraph (1)(a) are to be treated for the purposes of the provisions of the 2000 Act set out in sub-paragraph (3) as having also been incurred, during the referendum period, by or on behalf of the other individual or body (or, as the case may be, each of the other individuals or bodies) mentioned in sub-paragraph (1)(b)(ii). The provisions are— This paragraph applies whether or not any of the individuals or bodies in question is a permitted participant. But this paragraph does not treat any expenses incurred by or on behalf of a permitted participant that is designated in respect of the referendum by the Electoral Commission under section 108 of the 2000 Act (designation of organisations to whom assistance is available) as having been incurred by or on behalf of any other individual or body. Subsections (5) and (6) of section 117 of the 2000 Act (certain expenditure incurred before the referendum period treated as incurred during that period) apply for the purposes of this paragraph as they apply for the purposes of that section.
Subject to sub-paragraphs (3) and (4), a counting officer or Regional Counting Officer is entitled to recover his or her charges in respect of services rendered, or expenses incurred, for or in connection with the referendum if— Sub-paragraph (3) applies to a service rendered by— which in the opinion of the Electoral Commission was inadequately performed. In respect of a service to which this sub-paragraph applies, the officer is entitled under sub-paragraph (1) to no more than the amount (which may be nil) that seems reasonable in all the circumstances— An order under sub-paragraph (1) may specify, or make provision for determining in accordance with the order, a maximum recoverable amount for services or expenses of a specified description— Subject to sub-paragraph (5), an officer may not recover more than the specified amount in respect of such services or expenses. In a particular case the Electoral Commission may, with the consent of the Treasury, authorise the payment of— if the Commission are satisfied that the conditions in sub-paragraph (6) are met. The conditions are— The Chief Counting Officer is entitled to recover expenses incurred by that officer for or in connection with the referendum if— The Electoral Commission must pay the amount of any charges recoverable in accordance with this paragraph on an account being submitted to them. Where the superannuation contributions required to be paid by a local authority in respect of a person are increased by a fee paid under this paragraph as part of the charges of a counting officer or Regional Counting Officer at the referendum, then on an account being submitted to them the Electoral Commission must pay to the authority a sum equal to the increase. At the request of a counting officer or Regional Counting Officer or the Chief Counting Officer, the Electoral Commission may make an advance on account of the officer's charges on such terms as they think fit. The Electoral Commission may by regulations make provision as to the time when and the manner and form in which accounts are to be rendered to the Commission for the purposes of the payment of the charges of a counting officer or Regional Counting Officer or the Chief Counting Officer. An order or regulations under this paragraph may make different provision for different cases. Any sums required by the Electoral Commission for making payments under this paragraph are to be charged on and paid out of the Consolidated Fund.
No court may entertain any proceedings for questioning the number of ballot papers counted or votes cast in the referendum as certified by the Chief Counting Officer or a Regional Counting Officer or counting officer unless— In sub-paragraph (1) “the permitted period” means the period of 6 weeks beginning with— In the application of this paragraph to Scotland, sub-paragraph (1) has effect— In the application of this paragraph to Northern Ireland, sub-paragraph (1) has effect—
The Chief Counting Officer, Regional Counting Officers and counting officers must do whatever things are necessary for conducting the referendum in the manner provided by this Part. The counting officer for a voting area is responsible, as regards that area, for— Responsibility for the printing of the ballot papers for a voting area may be taken— The Chief Counting Officer or Regional Counting Officer may direct the counting officer concerned accordingly. In the case of a region for which a Regional Counting Officer is appointed, the officer must certify as regards the votes cast in the region— Where two or more forms of ballot paper are used in the referendum, a separate number must be certified under paragraph (a) in relation to each form of ballot paper used. The Chief Counting Officer may give Regional Counting Officers or counting officers— A Regional Counting Officer for a region may give counting officers for voting areas within that region— A power under this paragraph of a Regional Counting Officer to give a direction to a counting officer is exercisable only in accordance with a specific or general authorisation or direction given by the Chief Counting Officer. A person to whom a direction is given under this paragraph must comply with it. This paragraph applies in addition to section 128 of the 2000 Act (Chief Counting Officers, and counting officers, for referendums). The number of ballot papers or votes purportedly certified under this paragraph or section 128 of the 2000 Act is not liable to be questioned by reason of a defect in the title, or a lack of title, of any person purporting to exercise functions in relation to the referendum, if the person was then in actual possession of, or acting in, the office giving the right to exercise the functions.
A public notice required by this Part to be given by the Chief Counting Officer, a Regional Officer or a counting officer must be given—
by posting the notice in some conspicuous place in the area or region for which the officer acts, or
in whatever other manner the officer thinks desirable for publicising it.
An election or local referendum the poll for which is, under section 4(1), to be taken together with the poll for the referendum under section 1 is referred to in this Schedule as a “relevant election”. The polls to be taken together are referred to in this Schedule as “combined polls”. In relation to a local referendum, expressions used in this Part of this Schedule are to be construed in accordance with the following table. Expression Meaning “Counting agent” Counting observer as defined by regulation 2(1) of the Local Authorities (Conduct of Referendums) (England) Regulations 2007 (S.I. 2007/2089). “Election agent” Counting observer as defined by that regulation. “Polling agent” Polling observer as defined by that regulation. “Returning officer” Counting officer as defined by that regulation. “Elector” Voter as defined by rule 2(1) of the Local Referendums (Combination of Polls) Rules.
This paragraph applies where proceedings on the issue and receipt of postal ballot papers are taken together by virtue of regulation 65 of the Representation of the People (England and Wales) Regulations 2001. The form of postal voting statement to be issued to those who are entitled to vote by post in the referendum and in each relevant election must be in the form set out in Form 2 in Part 3 of this Schedule. Where that form is used, this paragraph applies instead of any requirement in the following provisions for a postal voting statement to be in a particular form. The provisions are—
If the counting officer thinks fit, the official poll cards used for the referendum and for the relevant elections may be combined. In that case, the forms required to be used for official poll cards for the referendum and relevant elections must be adapted in whatever manner seems necessary. In sub-paragraph (1) “relevant election” does not include the election of a councillor of a parish council. This paragraph applies instead of—
rule 25(6) of the Local Elections (Combination of Polls) Rules;
rule 16(6) of the Local Referendums (Combination of Polls) Rules;
rule 27(6) of the Mayoral Elections (Combination of Polls) Rules.
The large version of the ballot paper displayed inside the polling station under rule 17(4)(a) of the referendum rules must be of the same colour as the ballot papers to be used for the referendum.
A notice required to be given to a returning officer for a relevant election under any of the following provisions is to be given instead to the counting officer for the voting area in which the relevant election is to be held— This paragraph applies instead of—
The cost of taking the combined polls (excluding any cost solely attributable to the referendum or to a particular relevant election), and any cost attributable to their combination, is to be apportioned equally among them.
Where proceedings on the issue and receipt of postal ballot papers are taken together by virtue of regulation 65 of the Representation of the People (England and Wales) Regulations 2001, paragraph 7C of Schedule 4 to the Representation of the People Act 2000 has effect as if a reference to a returning officer were a reference to the counting officer.
This paragraph applies where proceedings on the issue and receipt of postal ballot papers are taken together by virtue of regulation 65 of the Representation of the People (England and Wales) Regulations 2001. If the counting officer thinks fit, the lists to be prepared under the following provisions may be combined in the form set out in Form 1 in Part 3 of this Schedule— In that case, this paragraph applies instead of—
rule 6 of the referendum rules;
rule 17 of the Local Elections (Combination of Polls) Rules;
rule 17 of the Parish Elections (Combination of Polls) Rules;
rule 8 of the Local Referendums (Combination of Polls) Rules;
rule 19 of the Mayoral Elections (Combination of Polls) Rules.
This paragraph applies where proceedings on the issue and receipt of postal ballot papers are taken together by virtue of paragraph 2 of Schedule 3 to the Welsh Assembly Order. The functions of the constituency returning officer under rule 33 of the Assembly Elections Rules are to be carried out by the counting officer. The form of postal voting statement to be issued to those entitled to vote by post in the referendum and in both the Assembly elections must be in the form set out in Form 2 in Part 3 of this Schedule. Where that form is used, this paragraph applies instead of any requirement in the following provisions for a postal voting statement to be in a particular form. The provisions are—
If the counting officer thinks fit, the official poll cards used for the referendum and the Assembly elections may be combined. In that case, the forms required to be used for official poll cards for the referendum and elections must be adapted in whatever manner seems necessary.
If the counting officer thinks fit, the lists to be provided under the following provisions may be combined in the form set out in Form 5 in Part 3 of this Schedule— In that case, this paragraph applies instead of—
A notice in the form set out in Form 7 in Part 3 of this Schedule, giving directions for the guidance of voters in voting, must be exhibited in every compartment of every polling station. This paragraph applies instead of—
Where proceedings on the issue and receipt of postal ballot papers are taken together by virtue of paragraph 2 of Schedule 3 to the Welsh Assembly Order, the functions of the constituency returning officer under rule 40 of the Assembly Elections Rules are to be carried out by the counting officer.
Where proceedings on the issue and receipt of postal ballot papers are taken together by virtue of paragraph 2 of Schedule 3 to the Welsh Assembly Order, Article 13(5) of that Order has effect as if a reference to a constituency returning officer were a reference to the counting officer.
Paragraph 2(5) of Schedule 3 has effect as if in the words after paragraph (b) the reference to any polling station were to any polling station in the same voting area as the allotted polling station. A certificate as to employment on duty on the day of the poll for the referendum must be in the form set out in Form 8 in Part 3 of this Schedule. Sub-paragraph (2) applies instead of rule 21(4)(b) of the referendum rules.
Where— the countermand or direction does not affect the poll for the other election or the poll for the referendum. If the poll for a relevant election is abandoned because of a candidate’s death— In a case falling within sub-paragraph (2)— This paragraph applies instead of—
This paragraph applies where— In a case where a postal ballot paper is issued at the same time in respect of the referendum and the relevant elections, a single mark must be placed in the list under the following provisions— In any other case, a mark must be placed in the list under those provisions identifying the poll to which each postal ballot paper issued relates.
This paragraph applies where— The spoilt postal ballot paper may not be replaced unless all the postal ballot papers issued to the person are returned. Where an unspoilt postal ballot paper is returned as mentioned in sub-paragraph (2), the 2008 Regulations or Local Elections Order apply to it as if it were a spoilt ballot paper.
The following provisions do not apply where the Chief Electoral Officer decides that the proceedings on the issue and receipt of postal ballot papers in respect of the referendum and the relevant elections are to be taken together—
regulation 90 of the 2008 Regulations;
paragraph 18 of Part 3 of Schedule 2 to the Local Elections Order.
This paragraph applies if a permitted participant appoints a referendum agent for a voting area. The responsible person must give the counting officer for the area notification of the name and home or business address of— The notification must be given before noon on the 16th day before the date of the poll, disregarding for this purpose— The notification must be in writing and signed by the responsible person. The duties imposed on a responsible person by this paragraph may be discharged by any person authorised in writing by the responsible person.
This paragraph applies where proceedings on the issue and receipt of postal ballot papers are not taken together by virtue of regulation 65 of the Representation of the People (England and Wales) Regulations 2001. If the counting officer thinks fit, the officer may prepare a single list containing the numbers and other unique identifying marks of all of the ballot papers to be provided to presiding officers in pursuance of the following provisions— The list must be in the form set out in Form 1 in Part 3 of this Schedule. If a list is prepared in relation to ballot papers under this paragraph, the list prepared under the following provisions must not include details relating to those ballot papers— A reference in an enactment to a list prepared under a provision mentioned in sub-paragraph (4) has effect, in so far as it relates to ballot papers to be provided in pursuance of the provisions mentioned in sub-paragraph (2), as a reference to the list prepared under this paragraph.
This paragraph applies where proceedings on the issue and receipt of postal ballot papers are not taken together by virtue of regulation 65 of the Representation of the People (England and Wales) Regulations 2001. The form of postal voting statement to be issued to those entitled to vote by post in the referendum must be in the form set out in Form 3 in Part 3 of this Schedule. This paragraph applies instead of the requirement in rule 12(1)(b) of the referendum rules for a postal voting statement to be in a particular form.
In this Schedule—
In section 36 of the 1983 Act (local authority elections), subsections (4), (5) and (6) apply— In fixing a scale under subsection (4) or (5) of that section a local authority may include special provision in respect of expenditure incurred by a counting officer in carrying out transferred functions (including expenditure incurred in respect of the remuneration of presiding officers or clerks).
This paragraph applies where proceedings on the issue and receipt of postal ballot papers are not taken together by virtue of paragraph 2 of Schedule 3 to the Welsh Assembly Order. The form of postal voting statement to be issued to those entitled to vote by post in the referendum must be in the form set out in Form 3 in Part 3 of this Schedule. Sub-paragraph (2) applies instead of the requirement in rule 12(1)(b) of the referendum rules for a postal voting statement to be in a particular form. The form of postal voting statement to be issued to those entitled to vote in the Assembly elections must be in the form set out in Form 4 in Part 3 of this Schedule. Sub-paragraph (4) applies instead of the requirement in rule 33(1) of the Assembly Elections Rules for a postal voting statement to be in a particular form.
The returning officer’s function of signing certificates as to employment under rule 41(4) of the Scottish Parliamentary Election Rules is to be carried out by the counting officer.
This paragraph applies if a counting officer is notified under paragraph 12 that a permitted participant has appointed a referendum agent. The counting officer must as soon as practicable give public notice of—
This paragraph applies if— The permitted participant must as soon as possible appoint another agent under paragraph 11. The notification under paragraph 12 must be made as soon as possible after the appointment of the new referendum agent (rather than before noon on the 16th day before the date of the poll).
Section 3
“peer” means a peer who is a member of the House of Lords;
The proceedings at the referendum are to be conducted in accordance with the following table. Proceeding Time Publication of notice of referendum Not later than the 25th day before the day of the referendum Notice of poll Not later than the 15th day before the day of the referendum Hours of polling Between 7 am and 10 pm on the day of the referendum
A person within paragraph (2) who is present at the completion of the counting (or any re-count) of the votes in a voting area may require the counting officer to have the votes for that area re-counted (or again re-counted), but the counting officer may refuse to do so if in the officer's opinion the requirement is unreasonable. The persons within this paragraph are— No step is to be taken on the completion of the counting (or any re-count) of the votes until the persons within paragraph (2) present at its completion have been given a reasonable opportunity to exercise the right conferred by this rule. A counting officer may not conduct a re-count once a direction has been given under rule 43(3)(b).
The decision of the counting officer on any question arising in respect of a ballot paper is final (subject to review in accordance with paragraph 23 of Schedule 1).
This paragraph applies to determine the manner of voting in Northern Ireland of a person entitled to vote in the referendum. The person may vote in person at the polling station allotted to him or her under the referendum rules, unless the person is entitled to vote by post or by proxy in the referendum. The person may vote by post if the person is entitled to vote by post in the referendum. If the person is entitled to vote by proxy in the referendum, the person may so vote unless, before a ballot paper has been issued for the person to vote by proxy, the person applies at the polling station allotted to him or her under the referendum rules for a ballot paper for the purpose of voting in person, in which case he or she may vote in person there. If— he or she may vote in person at any polling station. Nothing in this paragraph applies to— and such a person may vote only by post or by proxy (where the person is entitled to vote by post or, as the case may be, by proxy in the referendum). Sub-paragraph (2) does not prevent a person, at the polling station allotted to him or her, marking a tendered ballot paper in pursuance of rule 32 of the referendum rules.
The registration officer must, for the purposes of the referendum, keep the two special lists mentioned in sub-paragraphs (2) and (3) respectively. The first of those lists is a list (“the postal voters list”) of those within column 2 of the following table, together with the addresses provided as mentioned in column 3 as the addresses to which their ballot papers are to be sent. Description of person voting by post Address 1 A person whose application under paragraph 15(1) to vote by post in the referendum has been granted. Address provided in the person's application under paragraph 15(1). 2 A person who— is entitled to vote in the referendum and in a poll that is taken together with the referendum, is shown in the absent voters list for that poll as voting by post, and is not within entry 1 in this table or entry 1 in the table in sub-paragraph (3). Address provided in the the application that gave rise to the person being included in the absent voters list or, if the person is included in more than one, the address provided in the latest of those applications. 3 A person who— is for the time being shown in the record kept under section 6 of the 1985 Act as voting by post at parliamentary elections, and is not within entry 1 or 2 of this table or entry 1 or 2 in the table in sub-paragraph (3). Address provided in the person's application under section 6 of the 1985 Act or (as the case may be) paragraph 15(5)(a) above. 4 A peer who— is for the time being shown in the record kept under paragraph 1 of Schedule 2 to the Local Elections (Northern Ireland) Order, is not for the time being shown in the record kept under regulation 8 of the European Parliamentary Elections (Northern Ireland) Regulations as voting by post, or was included in that record before being included in the record mentioned in paragraph (a) above, and is not within entry 1 or 2 of this table or entry 1 or 2 in the table in sub-paragraph (3). Address provided in the peer's application under paragraph 1 of Schedule 2 to the Local Elections (Northern Ireland) Order or (as the case may be) paragraph 15(5)(a) above. 5 A peer who— is for the time being shown in the record kept under regulation 8 of the European Parliamentary Elections (Northern Ireland) Regulations as voting by post, is not for the time being shown in the record kept under paragraph 1 of Schedule 2 to the Local Elections (Northern Ireland) Order, or was included in that record before being included in the record mentioned in paragraph (a) above, and is not within entry 1 or 2 in this table or entry 1 or 2 in the table in sub-paragraph (3). Address provided in the peer's application under regulation 8 of the European Parliamentary Elections (Northern Ireland) Regulations or (as the case may be) paragraph 15(5)(a) above. The second of the lists mentioned in sub-paragraph (1) is a list (“the list of proxies”) of those within column 2 of the following table, together with the names and addresses of their proxies appointed as mentioned in column 3. Description of person voting by proxy Proxy 1 A person (not within entry 1 in the table in sub-paragraph (2)) whose application under paragraph 15(1) or (5)(b) to vote by proxy in the referendum has been granted. Proxy appointed under paragraph 17. 2 A person who— is entitled to vote in the referendum and in a poll that is taken together with the referendum, is shown in the absent voters list for that poll as voting by proxy, and is not within entry 1 in this table or entry 1 or 2 in the table in sub-paragraph (2). Proxy appointed for the purposes of that poll or, if there is more than one, the proxy appointed for the poll in respect of which the latest of the person's applications to vote by proxy was made. 3 A person who— is for the time being shown in the record kept under section 6 of the 1985 Act as voting by proxy at parliamentary elections, and is not within entry 1 or 2 of this table or entry 1 or 2 in the table in sub-paragraph (2). Proxy appointed under section 8 of the 1985 Act for parliamentary elections. 4 A peer who— is for the time being shown in the record kept under paragraph 1 of Schedule 2 to the Local Elections (Northern Ireland) Order as voting by proxy, is not for the time being shown in the record kept under regulation 8 of the European Parliamentary Elections (Northern Ireland) Regulations as voting by proxy, or was included in that record before being included in the record mentioned in paragraph (a) above, and is not within entry 1 or 2 of this table or entry 1, 2 or 5 in the table in sub-paragraph (2). Proxy appointed under paragraph 3 of Schedule 2 to the Local Elections (Northern Ireland) Order. 5 A peer who— is for the time being shown in the record kept under regulation 8 of the European Parliamentary Elections (Northern Ireland) Regulations as voting by proxy, is not for the time being shown in the record kept under paragraph 1 of Schedule 2 to the Local Elections (Northern Ireland) Order as voting by proxy, or was included in that record before being included in the record mentioned in paragraph (a) above, and is not within entry 1 or 2 in this table or entry 1, 2 or 4 in the table in sub-paragraph (2). Proxy appointed under regulation 10 of the European Parliamentary Elections (Northern Ireland) Regulations.
This paragraph applies to determine the manner of voting in England and Wales or Scotland of a person entitled to vote in the referendum. The person may vote in person at the polling station allotted to him or her under the referendum rules, unless the person is entitled to vote by post or by proxy in the referendum. The person may vote by post if the person is entitled to vote by post in the referendum. If the person is entitled to vote by proxy in the referendum, the person may so vote unless, before a ballot paper has been issued for the person to vote by proxy, the person applies at the polling station allotted to him or her under the referendum rules for a ballot paper for the purpose of voting in person, in which case he or she may vote in person there. If— he or she may vote in person at any polling station. Nothing in this paragraph applies to a person to whom section 7 of the 1983 Act (mental patients who are not detained offenders) applies and who is liable, by virtue of any enactment, to be detained in the mental hospital in question, whether the person is registered by virtue of that provision or not; and such a person may vote— Nothing in this paragraph applies to a person to whom section 7A of the 1983 Act (persons remanded in custody) applies, whether the person is registered by virtue of that provision or not; and such a person may vote only by post or by proxy (where the person is entitled to vote by post or, as the case may be, by proxy in the referendum). Sub-paragraph (2) does not prevent a person, at the polling station allotted to him or her, marking a tendered ballot paper in pursuance of rule 32 of the referendum rules.
A person who— is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale. A person who provides false information in connection with an application under paragraph 15(1) or 19(4) is guilty of an offence. Subsections (3) to (7) of section 13D of the 1983 Act apply for the purposes of sub-paragraph (2) as they apply for the purposes of subsection (1A) of that section.
The registration officer must, for the purposes of the referendum, keep the two special lists mentioned in sub-paragraphs (2) and (3) respectively. The first of those lists is a list (“the postal voters list”) of those within column 2 of the following table, together with the addresses provided as mentioned in column 3 as the addresses to which their ballot papers are to be sent. Description of person voting by post Address 1 A person whose application under paragraph 4(1) to vote by post in the referendum has been granted. Address provided in the person's application under paragraph 4(1). 2 A person who— is entitled to vote in the referendum and in a poll that is taken together with the referendum, is included in the postal voters list for that poll, and is not within entry 1 in this table or entry 1 in the table in sub-paragraph (3). Address provided in the application that gave rise to the person being included in the postal voters list or, if the person is included in more than one, the address provided in the latest of those applications. 3 A person who— is for the time being shown in the record kept under paragraph 3 of Schedule 4 to the RPA 2000 as voting by post at parliamentary elections, and is not within entry 1 or 2 of this table or entry 1 or 2 in the table in sub-paragraph (3). Address provided in the person's application under paragraph 3 of Schedule 4 to the RPA 2000 or (as the case may be) paragraph 4(5)(a) above. 4 A peer who— is for the time being shown in the record kept under paragraph 3 of Schedule 4 to the RPA 2000 as voting by post at local government elections, is not for the time being shown in the record kept under paragraph 3 of Schedule 2 to the European Parliamentary Elections Regulations as voting by post, or was included in that record before being included in the record mentioned in paragraph (a) above, and is not within entry 1 or 2 of this table or entry 1 or 2 in the table in sub-paragraph (3). Address provided in the peer's application under paragraph 3 of Schedule 4 to the RPA 2000 or (as the case may be) paragraph 4(5)(a) above. 5 A peer who— is for the time being shown in the record kept under paragraph 3 of Schedule 2 to the European Parliamentary Elections Regulations as voting by post, is not for the time being shown in the record kept under paragraph 3 of Schedule 4 to the RPA 2000 as voting by post at local government elections, or was included in that record before being included in the record mentioned in paragraph (a) above, and is not within entry 1 or 2 in this table or entry 1 or 2 in the table in sub-paragraph (3). Address provided in the peer's application under paragraph 3 of Schedule 2 to the European Parliamentary Elections Regulations or (as the case may be) paragraph 4(5)(a) above. The second of the lists mentioned in sub-paragraph (1) is a list (“the list of proxies”) of those within column 2 of the following table, together with the names and addresses of their proxies appointed as mentioned in column 3. Description of person voting by proxy Proxy 1 A person (not within entry 1 in the table in sub-paragraph (2)) whose application under paragraph 4(2), (3) or (5)(b) to vote by proxy in the referendum has been granted. Proxy appointed under paragraph 6. 2 A person who— is entitled to vote in the referendum and in a poll that is taken together with the referendum, is included in the list of proxies for that poll, and is not within entry 1 in this table or entry 1 or 2 in the table in sub-paragraph (2). Proxy appointed for the purposes of that poll or, if there is more than one, the proxy appointed for the poll in respect of which the latest of the person's applications to vote by proxy was made. 3 A person who— is for the time being shown in the record kept under paragraph 3 of Schedule 4 to the RPA 2000 as voting by proxy at parliamentary elections, and is not within entry 1 or 2 of this table or entry 1 or 2 in the table in sub-paragraph (2). Proxy appointed under paragraph 6 of Schedule 4 to the RPA 2000 for parliamentary elections. 4 A peer who— is for the time being shown in the record kept under paragraph 3 of Schedule 4 to the RPA 2000 as voting by proxy at local government elections, is not for the time being shown in the record kept under paragraph 3 of Schedule 2 to the European Parliamentary Elections Regulations as voting by proxy, or was included in that record before being included in the record mentioned in paragraph (a) above, and is not within entry 1 or 2 of this table or entry 1, 2 or 5 in the table in sub-paragraph (2). Proxy appointed under paragraph 6 of Schedule 4 to the RPA 2000 for local government elections. 5 A peer who— is for the time being shown in the record kept under paragraph 3 of Schedule 2 to the European Parliamentary Elections Regulations as voting by proxy, is not for the time being shown in the record kept under paragraph 3 of Schedule 4 to the RPA 2000 as voting by proxy at local government elections, or was included in that record before being included in the record mentioned in paragraph (a) above, and is not within entry 1 or 2 in this table or entry 1, 2 or 4 in the table in sub-paragraph (2). Proxy appointed under paragraph 6 of Schedule 2 to the European Parliamentary Elections Regulations. In the case of a person who has an anonymous entry in a register, the postal voters list or list of proxies (as the case may be) must show in relation to the person only—
The registration officer must either—
provide the counting officer with a copy of the information contained in records kept by the registration officer in pursuance of—
paragraphs 3(9), 4(6) and 7(12) of Schedule 4 to the RPA 2000 (dates of birth and signatures of certain electors and proxies) in relation to persons entitled to vote in the referendum,
articles 8(9), 9(6) and 12(13) of the National Assembly for Wales (Representation of the People) Order 2007 (S.I. 2007/236) (dates of birth and signatures of certain electors and proxies) in relation to persons entitled to vote in the referendum,
articles 8(9), 9(8) and 11(12) of the Scottish Parliament (Elections etc.) Order 2010 (S.I. 2010/2999) (dates of birth and signatures of certain electors and proxies) in relation to persons entitled to vote in the referendum,
paragraphs 3(9) and 7(13) of Schedule 2 to the European Parliamentary Elections Regulations (dates of birth and signatures of certain electors and proxies) in relation to peers entitled to vote in the referendum, and
paragraphs 4(8) and 8(10) above, or
give the counting officer access to such information.
Rules 50(1)(b) and 52 of the referendum rules apply to the specified documents. The specified documents are those specified in rule 69(1)(c), (d) and (f) of the Scottish Parliamentary Election Rules. Rule 70 of the Scottish Parliamentary Election Rules applies to the specified documents as if references to the CRO were to the counting officer. Except for the purposes of this paragraph, rule 69 of the Scottish Parliamentary Election Rules has effect as if it did not include a reference to the specified documents. Rule 70(8) of the Scottish Parliamentary Election Rules has effect as if for “by this paragraph provided” there were substituted “provided by this paragraph (or a court order)”.
As soon as practicable after 5 pm on the 6th day before the date of the poll, the registration officer must provide the counting officer with the following lists, and any subsequent revised lists or revisions to the lists—
the list of proxies for the Scottish parliamentary election;
the postal voters list for the Scottish parliamentary election;
the proxy postal voters list for the Scottish parliamentary election.
Information contained in records kept by a registration officer in pursuance of paragraph 4(8) or 8(10) may be disclosed by the officer to—
any other registration officer if the officer thinks that to do so will assist the other registration officer in the performance of his or her duties;
any person exercising functions in relation to the preparation or conduct of legal proceedings under this Act or the Representation of the People Acts.
Schedule 8 to the 2010 Order has effect—
as if the reference in paragraph 1 to documents retained under rule 71 of the Scottish Parliamentary Election Rules were to documents retained under rule 50(1)(b) of the referendum rules as applied by paragraph 52 above;
as if the reference to that Schedule in paragraph 4(2) were to any enactment;
as if references to the CRO included references to the counting officer.
“local referendum” means a referendum held in England under Part 2 of the Local Government Act 2000;
The counting officer must provide a sufficient number of polling stations and, subject to the following provisions of this rule, must allot the electors to the polling stations in whatever manner the officer thinks most convenient. One or more polling stations may be provided in the same room. In England, the polling station allotted to electors from any parliamentary polling district wholly or partly within a particular voting area must, in the absence of special circumstances, be in the parliamentary polling place for that district unless the parliamentary polling place is outside the voting area. In Wales, Scotland or Northern Ireland, the polling station allotted to electors from any polling district must be in the polling place for that district. The polling districts and polling places that apply for the purposes of paragraph (4) are— The number of ballot papers counted or votes cast as certified by the Chief Counting Officer or a Regional Counting Officer or counting officer may not be questioned by reason of— The counting officer must provide each polling station with however many compartments are necessary in which the voters can mark their votes screened from observation.
As soon as practicable after the publication of notice of the referendum, a registration officer must— A notice given to a peer under paragraph (1)(b) must—
The counting officer must make whatever arrangements the officer thinks are appropriate to ensure that—
every person attending at a polling station (otherwise than for the purpose of voting, or assisting a voter with disabilities to vote, or as a constable on duty there) has been given a copy in writing of the provisions of subsections (1), (3) and (6) of section 66 of the 1983 Act as modified by Schedule 4;
every person attending at the counting of the votes (other than any constable on duty at the counting) has been given a copy in writing of the provisions of subsections (2) and (6) of that section as so modified.
In calculating any period of time (other than a year) for the purposes of these rules the following are to be disregarded— In relation to proceedings adjourned by a presiding officer under rule 37 (riot or open violence), the reference in paragraph (1)(b) to a day that is a bank holiday in any part of the United Kingdom is to be read as a reference to a day that is a bank holiday in the part of the United Kingdom where the proceedings are adjourned.
It is the presiding officer's duty to keep order at the officer's polling station. If a person engages in misconduct in a polling station or fails to obey the presiding officer's lawful orders, the person may immediately, by the presiding officer's order, be removed from the polling station— A person so removed may not, without the presiding officer's permission, re-enter the polling station that day. The powers conferred by this rule may not be exercised so as to prevent a voter who is otherwise entitled to vote at a polling station from having an opportunity to vote at that station.
A person is not to be prevented from voting by reason only that—
a referendum or polling agent declares that there is reasonable cause to believe that the person has committed an offence of personation, or
the person is arrested on suspicion of committing or of being about to commit an offence of personation.
The counting officer must— The counting officer must not count the votes given on any ballot papers until— In England a postal ballot paper is not to be taken to be duly returned unless— In paragraph (a) “the appropriate area” means the voting area containing the address in respect of which the elector is registered. In Northern Ireland a postal ballot paper is not to be taken to be duly returned unless— In the case of an elector in Northern Ireland, unless section 10(4B), 10A(1B) or 13A(2B) of the 1983 Act applies, the declaration of identity referred to in paragraph (4) is not to be taken to be duly signed unless the counting officer is satisfied that the signature on the declaration corresponds with the signature supplied as the elector's signature in pursuance of section 10(4A)(a), 10A(1A)(a) or 13A(2A)(a) of that Act. The counting officer must not count any tendered ballot papers. The counting officer, while counting and recording the number of ballot papers and counting the votes, must— The counting officer must— Any counting agent present at the verification may copy the statement drawn up under paragraph (8)(b). Once the statement is drawn up the counting officer must— The counting officer must so far as practicable proceed continuously with the counting of votes, allowing only time for refreshment, except that— During the time so excluded the counting officer must— For the purposes of paragraph (11)(a) the agreement of a referendum agent is effective as the agreement of his or her counting agents.
On the completion of the counting of the votes (including any re-count under rule 41), and on the completion of any re-count under this rule, the counting officer must draw up a statement showing— Once the statement is drawn up the counting officer must— The Regional Counting Officer or Chief Counting Officer must then either— The Regional Counting Officer or Chief Counting Officer may give a direction under paragraph (3)(a) only if the officer thinks that there is reason to doubt the accuracy of the counting of the votes in the counting officer's voting area. A counting officer who is given a direction under paragraph (3)(a) must— A counting officer may not make the certification under section 128(5) of the 2000 Act until directed to do so under paragraph (3)(b).
The ballot papers used for the referendum must be of a different colour from the ballot papers used for any relevant election.
If the counting officer thinks fit, the same ballot box may be used at the polls for the referendum and the relevant elections. Where separate ballot boxes are used, each must be clearly marked to show— This paragraph applies instead of—
A notice in the form set out in Form 5 in Part 3 of this Schedule, giving directions for the guidance of voters in voting, must be printed in conspicuous characters and exhibited inside and outside every polling station. This paragraph applies instead of—
Rule 21(1) of the referendum rules has effect as if the persons listed there included persons who would be entitled to be admitted to the polling station for any relevant election if the poll for that relevant election were held on its own.
If the counting officer thinks fit, the same copy of the register of electors may be used under the following provisions for the purposes of the referendum and the relevant elections— Sub-paragraphs (3) and (4) apply where the same copy of the register is used as mentioned in sub-paragraph (1). In a case where a ballot paper is delivered at the same time in respect of the referendum and each relevant election, a single mark must be placed in the register against the number of the elector under— In any other case, a mark must be placed in the register against the number of the elector identifying the poll to which each ballot paper delivered relates. In the case of an elector who is added to the register in pursuance of a notice issued under section 13B(3B) or (3D) of the 1983 Act— This paragraph applies instead of—
If the counting officer thinks fit, a single list of voters with disabilities assisted by companions may be used for the purposes of the referendum and the relevant elections. Where a person’s entry in that list does not relate to the referendum and each relevant election the entry must— In this paragraph “list of voters with disabilities assisted by companions” means a list compiled under— This paragraph applies instead of—
In the following provisions, references to a returning officer are to be read as references to the counting officer—
rule 42(1) of the Local Elections (Combination of Polls) Rules;
rule 42(1) of the Parish Elections (Combination of Polls) Rules;
rule 44(1) of the Mayoral Elections (Combination of Polls) Rules.
The ballot papers used for the referendum must be of a different colour from the ballot papers used for the Assembly elections.
A notice in the form set out in Form 6 in Part 3 of this Schedule, giving directions for the guidance of voters in voting, must be printed in conspicuous characters and exhibited inside and outside every polling station. This paragraph applies instead of—
The functions of the constituency returning officer under rule 39(a) of the Assembly Elections Rules are to be carried out by the counting officer.
Paragraph 2(5) of Schedule 3 has effect as if in the words after paragraph (b) the reference to any polling station were to any polling station in the same voting area as the allotted polling station. A certificate as to employment on duty on the day of the poll for the referendum must be in the form set out in Form 8 in Part 3 of this Schedule. Sub-paragraph (2) applies instead of rule 21(4)(b) of the referendum rules.
Forms 2, 3, 4, 6, 7 and 9 in Part 3 of this Schedule are “relevant forms” for the purposes of rule 10 of the referendum rules.
If the counting officer thinks fit, the counting officer may require the relevant registration officer to produce a combined list of proxies for the referendum and the relevant elections. The following provisions apply where the lists are combined and a person applies for a ballot paper as proxy. Immediately before delivery of the ballot paper the list of proxies must be marked in a way that identifies— Sub-paragraph (3) applies instead of—
rule 28(2)(d) of the referendum rules;
rule 35(1)(d) of the Local Elections (Combination of Polls) Rules;
rule 35(1)(d) of the Parish Elections (Combination of Polls) Rules;
rule 28(1)(d) of the Local Referendums (Combination of Polls) Rules;
rule 37(1)(d) of the Mayoral Elections (Combination of Polls) Rules.
The returning officer’s function of signing certificates as to employment under rule 41(5) of the Assembly Elections Rules is to be carried out by the counting officer.
This paragraph applies where proceedings on the issue and receipt of postal ballot papers are taken together by virtue of regulation 65 of the Representation of the People (England and Wales) Regulations 2001. If the counting officer thinks fit, the counting officer may require the relevant registration officer to produce a combined postal voters list and a combined proxy postal voters list for the referendum and the relevant elections.
in relation to England and Wales, means the Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341) as applied by Schedule 4;
This rule applies where a voter applies to the presiding officer to mark the voter's ballot paper and the voter— The presiding officer must, in the presence of the polling agents— but in Northern Ireland this is subject to paragraph (3). In the case of a voter who makes an application in Northern Ireland under this rule, rule 27 applies as if the references to delivering a ballot paper were references to causing the voter's vote to be marked on the ballot paper. The name of every voter whose vote is marked in pursuance of this rule must be entered on a list (in these rules called “the list of votes marked by the presiding officer”), together with— In the case of a person voting as proxy for an elector, the number to be entered together with the voter's name is the elector's number. In the case of a person in respect of whom a notice has been issued under section 13B(3B) or (3D) or 13BA(9) of the 1983 Act, the reference in paragraph (4)(a) to the voter's number on the register of electors is to be read as a reference to the number relating to the voter on the notice.
A person entitled to vote as proxy for another (the “principal”) in the referendum may do so in person at the polling station allotted to the principal under the referendum rules unless the proxy is entitled to vote by post as proxy for the principal in the referendum, in which case the proxy may vote by post. Where a person is entitled to vote by post as proxy for the principal in the referendum, the elector may not apply for a ballot paper for the purpose of voting in person in the referendum. For the purposes of this Part of this Schedule and the 1983 Act a person entitled to vote as proxy for another in the referendum is entitled so to vote by post if the person is included in the list kept under sub-paragraph (6). Where a person applies to the registration officer to vote by post as proxy in the referendum the officer must grant the application if— A person who is the subject of a relevant proxy appointment within the meaning of paragraph 18(2) (b), (c) or (d) and who— may apply to the registration officer for his or her referendum ballot paper to be sent to a different address in the United Kingdom from that shown in the record, and the officer must grant the application if it meets the requirements prescribed by the 2008 Regulations. The registration officer must, in respect of the referendum, keep a special list (“the proxy postal voters list”) of those within column 2 of the following table, together with the addresses provided as mentioned in column 3 as the addresses to which their ballot papers are to be sent. Description of proxy postal voters Address 1 A proxy whose application under sub-paragraph (4) has been granted. Address provided in the proxy's application under sub-paragraph (4). 2 A proxy who— was appointed as mentioned in column 3 of entry 2 in the table in paragraph 16(3) for a person mentioned in column 2 of that entry, and is included in the proxy postal voters list for the poll in respect of which that appointment was made. Address provided in the proxy's application to vote by post as proxy in that poll. 3 A proxy who— was appointed as mentioned in column 3 of entry 3 in the table in paragraph 16(3) for a person mentioned in column 2 of that entry, and is for the time being included in the record kept under section 9(6) of the 1985 Act. Address provided in the proxy's application under section 9(4) of the 1985 Act or (as the case may be) sub-paragraph (5) above. 4 A proxy who— was appointed as mentioned in column 3 of entry 4 in the table in paragraph 16(3) for a peer mentioned in column 2 of that entry, and is for the time being included in the record kept under paragraph 4(5) of Schedule 2 to the Local Elections (Northern Ireland) Order. Address provided in the proxy's application under paragraph 4(4) of Schedule 2 to the Local Elections (Northern Ireland) Order or (as the case may be) sub-paragraph (5) above. 5 A proxy who— was appointed as mentioned in column 3 of entry 5 in the table in paragraph 16(3) for a peer mentioned in column 2 of that entry, and is for the time being included in the record kept under regulation 11(5) of the European Parliamentary Elections (Northern Ireland) Regulations. Address provided in the proxy's application under regulation 11(4) of the European Parliamentary Elections (Northern Ireland) Regulations or (as the case may be) sub-paragraph (5) above. Sub-paragraph (2) does not prevent a person, at the polling station allotted to him or her, marking a tendered ballot paper in pursuance of rule 32 of the referendum rules.
The counting officer must deliver or cause to be delivered to the returning officer for a relevant election the ballot papers for the relevant election. The counting officer must also deliver or cause to be delivered to the returning officer— If the counting officer has not begun to count the votes given on the referendum ballot papers by the time the statements as to the result of the verification of the ballot paper accounts in relation to all the polls are prepared— If, in respect of a relevant election, none of the ballot papers have been delivered under sub-paragraph (1) by the time the statements as to the result of the verification of the ballot paper accounts in relation to all the polls are prepared—
The result of the referendum or a relevant election may not be declared until the statement as to the result of the verification of the ballot paper accounts in relation to each poll has been prepared.
“Northern Ireland local election” means a local election as defined by section 130(1) of the Electoral Law Act (Northern Ireland) 1962;
Provision Modification Section 13C(5) (validity of electoral identity card in Northern Ireland) For “subsection (4) above and rule 37E(1) in Schedule 1 to this Act” substitute “ rule 27 of the referendum rules ”. Section 47 (loan of equipment) In subsection (1), for “the returning officer at a local government election” substitute “ a counting officer ”. In subsection (2), for “the returning officer at an election held under those Acts” substitute “ a counting officer ”. Section 49 (effect of registers) In subsection (4)— after “this Part” insert “ or Part 1 of the Parliamentary Voting System and Constituencies Act 2011 ”; for “except for the purposes of an election at which” substitute “ for the purposes of the referendum unless ”. In subsection (5) omit “prevent the rejection of the vote on a scrutiny, or”. Section 50 (effect of misdescription) In paragraph (c)— omit “nomination paper,”; for “and the parliamentary election rules” substitute “ or Part 1 of the Parliamentary Voting System and Constituencies Act 2011 ”. Section 52 (discharge of registration duties) The Secretary of State may give a direction under section 52(1) only if it is in accordance with a recommendation made by the Electoral Commission. In subsections (1), (2) and (4), after “this Act” insert “ and Part 1 of the Parliamentary Voting System and Constituencies Act 2011 ”. In subsection (1), after the first “this Act” insert “ or Part 1 of the Parliamentary Voting System and Constituencies Act 2011 ”. Section 56(3) to (4A) (registration appeals: England and Wales) In subsection (3)— for “notice of an election is given” substitute “ notice of the referendum is given ”; for “the election” substitute “ the referendum ”. In subsection (4A), for “that election” substitute “ the referendum ”. Section 57 (registration appeals: Scotland) Section 57 applies for the purposes of the referendum only in so far as it applies section 56(3) to (4A). Section 58(3) to (5) (registration appeals: Northern Ireland) In subsection (3)— for “notice of an election is given” substitute “ notice of the referendum is given ”; for “the election” substitute “ the referendum ”. In subsection (5), for “that election” substitute “ the referendum ”. Section 60 (personation) In subsection (2), for “at a parliamentary or local government election” substitute “ in the referendum ”. Section 61 (other voting offences) For subsections (1) to (4) substitute— In subsection (6A), for the words from “ballot paper” to the end substitute “ in reliance on Case 3, 4, 5 or 6 in rule 32 of the referendum rules. ” Omit subsection (6B). In subsection (7)— after “section 173 below” insert “ (read with paragraph 3 of Schedule 4 to the Parliamentary Voting System and Constituencies Act 2011) ”; omit paragraph (b). Section 62A(1) to (5) (applications for absent voting: offences) In subsection (1)(a), omit “at a parliamentary or local government election”. In subsection (2)(c), for “returning officer” substitute “ counting officer ”. Section 63 (breach of official duty) For subsections (3) and (4) substitute— Section 65 (tampering with papers) In subsection (1)— for “at a parliamentary or local government election” substitute “ in the referendum ”; omit paragraph (a); in paragraph (f), for “election” substitute “ referendum ”. For subsection (2) substitute— In subsection (3), for “a returning officer” substitute “ the Chief Counting Officer, a Regional Counting Officer, a counting officer ”. Section 66(1) to (6) (requirement of secrecy) In subsection (1), for paragraphs (a) to (d) substitute— . In subsections (2)(b), (3)(b) and (c), (4)(d) and (5), for “the candidate for whom” substitute “ the referendum answer for which ”. In subsection (3)(d), for “the name of the candidate for whom” substitute “ the referendum answer for which ”. In subsection (5)— for “blind voter” substitute “ voter with disabilities ”; at the end insert— “ “Voter with disabilities” has the meaning given by rule 31(11) of the referendum rules. ” Section 66A (prohibition on publication of exit polls) In subsection (1), for “an election to which this section applies”, and for “the election” (in both places), substitute “ the referendum ”. Omit subsection (2). In subsection (4), for the words after “whatever means” substitute— “ and the reference to a forecast as to the result of the referendum includes a reference to a forecast as to the number or proportion of votes expected to be cast for each answer to the referendum question in any region, voting area or other area. ” Section 66B (failure to comply with conditions relating to supply etc of documents) In subsection (1)(a), for “regulations under rule 57 of the parliamentary election rules” substitute “ regulations mentioned in rule 52(5)(a) of the referendum rules ”. Section 92 (broadcasting from outside UK) In subsection (1)— for “at a parliamentary or local government election” substitute “ in the referendum ”; for “the election” substitute “ the referendum ”. In subsection (2), after “section 173 below” insert “ (read with paragraph 3 of Schedule 4 to the Parliamentary Voting System and Constituencies Act 2011) ”. Section 94(1) (imitation poll cards) For “the election of any candidate at a parliamentary election or a local government election to which this section applies” substitute “ a particular result in the referendum ”. Section 97 (disturbances at meetings) For subsection (2) substitute— Section 99 (officials not to act for candidates) For subsection (1) substitute— Section 100 (illegal canvassing by police officers) In subsection (1), for the words after “proxy” substitute “ in the referendum ”. Section 109 (payments for exhibition of election notices) In subsection (1), for “the election of a candidate at an election” substitute “ a particular result in the referendum ”. In subsection (2), for “an election” substitute “ the referendum ”. Section 111 (prohibition of paid canvassers) For “an election” substitute “ the referendum ” For “a candidate's election” substitute “ a particular result in the referendum ”. Section 112(a) and (c) (providing money for illegal purposes) Section 113 (bribery) In subsection (2)— for “the return of any person at an election” (in both places) substitute “ a particular result in the referendum ”; omit paragraph (iii). In subsection (3), for “at any election” (in both places) substitute “ in the referendum ”. In subsections (4), (5) and (6), for “an election” substitute “ the referendum ”. Section 114 (treating) In subsection (2), for “an election” substitute “ the referendum ”. Section 115 (undue influence) Section 116(a) (rights of creditors) Section 117(2) (saving for employees to be absent for voting) For “parliamentary electors” substitute “ persons entitled to vote on their own behalf ”. For “at a parliamentary election” substitute “ in the referendum ”. In paragraphs (b) and (c), for “any particular candidate at the election” substitute “ a particular answer in the referendum ”. In section 118 (interpretation), the definitions of “money”, “pecuniary reward” and “payment” Section 167(1) to (2) (application for relief) For subsection (1) substitute— In subsection (2)(c), omit the words from “in the constituency” to “was held,”. Sections 168(1) and (7), 169 and 170 (prosecutions for corrupt and illegal practices) Section 175(1) and (3) (prosecution for illegal employment) Section 176 (time limit for prosecutions) In subsection (2C), for “rule 57 of the parliamentary elections rules” substitute “ rule 52 of the referendum rules ”. In subsection (2D), for paragraph (a) substitute— . Section 178 (prosecution of offences committed outside the UK) Section 179 (offences by associations) Omit paragraph (b). Section 181(1) (Director of Public Prosecutions) Section 184 (service of notices) In subsection (1)— for “an election” substitute “ the referendum ”; omit “or any election court,”; in paragraph (a), omit the words from “in the constituency” to the end. In section 185 (interpretation), the definitions of “payment” and “Licensing Acts” Section 186 (computation of time) Section 199B(1) to (9) (translations etc of certain documents) In subsection (1)— after “this Act” insert “ or Part 1 of the Parliamentary Voting System and Constituencies Act 2011 ”; for “a parliamentary or local government election” substitute “ the referendum ”. In subsection (4) omit paragraph (a). For subsections (5) and (6) substitute— In subsection (7)— for “returning officer at a parliamentary election or a local government election” substitute “ counting officer ”; for “the election” substitute “ the referendum ”. In subsection (9), for “returning officer” substitute “ counting officer ”. In section 202 (interpretation), the definitions in subsection (1) of “legal incapacity”, “legal process”, “person”, “prescribed” and “universal postal service provider”; and subsection (2) In the definition of “prescribed”, after “regulations” insert “ applied by Schedule 4 to the Parliamentary Voting System and Constituencies Act 2011 ”. Section 204(3), (5) and (8) (general application to Scotland) Section 205 (general application to Northern Ireland)
Paragraph (2) applies where a voter applies to the presiding officer, on the ground of blindness or other disability or inability to read, to be allowed to vote with the assistance of an accompanying person (in these rules referred to as the “companion”). The presiding officer must grant the application if— but in Northern Ireland this is subject to paragraph (3). In the case of a voter who makes an application in Northern Ireland under this rule, rule 27 applies as if the references to delivering a ballot paper were references to granting the voter's application. For the purposes of paragraph (2)(c) a person is qualified to assist a voter with disabilities to vote if the person— The declaration made by the companion— and the presiding officer must attest and retain the declaration. No fee or other payment may be charged in respect of the declaration. If the presiding officer grants an application under this rule, anything which is by these rules required to be done to or by the voter in connection with the giving of his or her vote may be done to, or with the assistance of, the companion. The name of every voter whose vote is given in accordance with this rule must be entered on a list (in these rules referred to as “the list of voters with disabilities assisted by companions”) together with— In the case of a person voting as proxy for an elector, the number to be entered together with the voter's name is the elector's number. In the case of a person in respect of whom a notice has been issued under section 13B(3B) or (3D) or 13BA(9) of the 1983 Act, the reference in paragraph (8)(a) to the voter's number on the register of electors is to be read as a reference to the number relating to the voter on the notice. For the purposes of these rules a person is a voter with disabilities if the person has made a declaration under this rule.
This rule applies if a voter has inadvertently dealt with his or her ballot paper in a manner which means that it cannot conveniently be used as a ballot paper and— The voter may obtain a replacement ballot paper and the spoilt ballot paper must be cancelled immediately.
As soon as practicable after the close of the poll, the presiding officer must, in the presence of any polling agents, make up into separate packets— The marked copies of the registers of electors (including any marked copy notices issued under section 13B(3B) or (3D) or 13BA(9) of the 1983 Act) and of the list of proxies must be in one packet and must not be in the same packet as the completed corresponding number lists or the certificates as to employment on duty on the day of the poll. The packets must be sealed with— The presiding officer must deliver the packets, or cause them to be delivered, to the counting officer to be taken charge of by that officer. If the packets are not delivered by the presiding officer personally to the counting officer, their delivery must be in accordance with arrangements approved by the counting officer. The packets must be accompanied by a statement (in these rules referred to as “the ballot paper account”) made by the presiding officer showing the number of ballot papers entrusted to him or her, and accounting for them under the following heads—
After making the certification under section 128(6) of the 2000 Act, the Chief Counting Officer must—
immediately make a declaration of the matters certified under that provision;
as soon as practicable give public notice of the matters certified together with the number of rejected ballot papers under each head shown in the statement of rejected ballot papers.
Rules 50(1)(a) and 52 of the referendum rules apply to the specified documents. The specified documents are those specified in rule 67(1)(e), (f) and (h) of the Assembly Elections Rules. Rule 68 of the Assembly Elections Rules applies to the specified documents as if references to the relevant registration officer were to the registration officer to whom the documents were forwarded under rule 50(1)(a) of the referendum rules. Except for the purposes of this paragraph, rule 67 of the Assembly Elections Rules has effect as if it did not include a reference to the specified documents (and as if paragraph (2) were omitted). Regulation 121 of the Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341) has effect in relation to an Assembly election— Rule 68(8) of the Assembly Elections Rules has effect as if after “rule” there were inserted “(or a court order)”.
As soon as practicable after 5 pm on the 6th day before the date of the poll, the registration officer must provide the counting officer with the following lists, and any subsequent revised lists or revisions to the lists—
the list of proxies for the Assembly elections;
the postal voters list for the Assembly elections;
the proxy postal voters list for the Assembly elections.
The ballot papers used for the referendum and for each relevant election must be of a different colour.
If the Chief Electoral Officer thinks fit, the same ballot box may be used at the polls for the referendum and the relevant elections. Where separate ballot boxes are used, each must be clearly marked to show—
Rule 17 of the referendum rules has effect as if— Rule 29 of the Assembly Elections Rules has effect as if— The notice referred to in rule 29(4) of the Assembly Elections Rules or rule 26(4) of the Local Elections Rules— and the notice referred to in rule 17(6) of the referendum rules must be on paper of the same colour as the ballot papers used for the referendum. If the Chief Electoral Officer thinks fit, a notice in the form set out in Form 7 in Part 3 of this Schedule, giving directions for the guidance of voters in voting— In that case, paragraph (4) applies instead of—
This paragraph applies where the Chief Electoral Officer decides that the proceedings on the issue and receipt of postal ballot papers in respect of the referendum and the relevant elections are to be taken together. The following provisions have effect as if the persons listed in them included persons who would be entitled to be present at the proceedings on the issue or receipt of postal ballot papers in respect of the referendum or a relevant election if those proceedings were taken on their own. The provisions are—
This paragraph applies where the Chief Electoral Officer decides that the proceedings on the issue and receipt of postal ballot papers in respect of the referendum and the relevant elections are to be taken together. The same covering envelope and ballot paper envelope must be issued to a voter under the following provisions in respect of the referendum and the relevant elections. The provisions are— The number of each of the postal ballot papers issued must be marked on the ballot paper envelope unless the envelope has a window through which all of the ballot paper numbers are displayed. The following provisions do not apply—
This paragraph applies where the Chief Electoral Officer decides that the proceedings on the issue and receipt of postal ballot papers in respect of the referendum and the relevant elections are to be taken together. The following provisions have effect as if after “number” there were inserted “(or one of the numbers)”— The following provisions have effect as if at the end there were inserted “or, where more than one number appears on the ballot paper envelope, a sufficient number of ballot papers (marking the envelope to indicate the missing ballot paper)”—
Note - The forms contained in this Part may be adapted so far as circumstances require.
Rule 5(1)
Rule 6(2)
Rule 12(1)(b)
Rule 12(1)(c)
Rule 15(5)(a)
Rule 15(5)(b)
Rule 15(5)(c)
Rule 15(5)(d)
Rule 15(6)(a)
Rule 15(6)(b)
Rule 17(3)
Rule 17(6)
Rule 21(4)(b)
Rule 31(5)
Section 3
Section 3
The provisions of the 1983 Act listed in the first column of the table apply for the purposes of the referendum. In their application by virtue of this paragraph, those provisions have effect— Except where the context otherwise requires— The provisions of the 1983 Act that apply for the purposes of the referendum by virtue of this paragraph are in addition to the provisions of that Act that would apply for those purposes in any event.
In relation to England and Wales or Scotland, section 13B of the 1983 Act has effect for the purposes of the referendum as if a reference to an election to which that section applies included a reference to the referendum. In relation to Northern Ireland, section 13BA of the 1983 Act has effect for the purposes of the referendum as if— A reference in any enactment to section 13B or 13BA of the 1983 Act includes (where the context allows) a reference to that section as modified by this paragraph. Sub-paragraph (3) has effect, in relation to any register, until the first publication after the referendum of a revised version of the register under section 13 of the 1983 Act.
In sections 173 and 173A of the 1983 Act (which relate to incapacities where a person has been convicted of a corrupt or illegal practice) a reference to a person convicted of a corrupt or illegal practice includes a reference to a person convicted of such a practice under a provision of the 1983 Act applied by paragraph 1.
The provisions of the relevant regulations listed in the first column of the table apply for the purposes of the referendum (subject to sub-paragraphs (4) and (5); and for this purpose the relevant regulations are— In their application by virtue of this paragraph, those provisions have effect— Except where the context otherwise requires— Part 5 of the England and Wales Regulations does not apply for the purposes of the referendum in so far as it is taken together with the poll for the Welsh Assembly general election under section 4(2). Part 5 of the Scotland Regulations does not apply for the purposes of the referendum in so far as it is taken together with the poll for the Scottish parliamentary election under section 4(3). In relation to the referendum— The provisions of the relevant regulations that apply for the purposes of the referendum by virtue of this paragraph are in addition to the provisions of the regulations that would apply for those purposes in any event. Provision Modification Regulation 3(1) and (3) (interpretation) Regulation 4 (forms) In paragraph (1)— for paragraphs (a) and (b) substitute “ applications made under Part 1 of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011 and Part 4 of these Regulations ”; “an election” substitute “ the referendum ”. Paragraph (2) applies for the purposes of the referendum only in so far as it relates to Form K in Schedule 3 to the regulations. Regulation 5 (applications, notices etc) Regulation 6 (electronic signatures) Regulation 8 (time) Regulation 11 (interference with notices etc) Regulation 32A (representations regarding clerical errors) Regulation 36(2) and (3) (notices in connection with registration) In paragraph (2) omit “13A(2) or”. Regulation 36A (communication of notices issued on polling day) Regulation 50 (interpretation of Part 4) Omit the definition of “allotted polling station”. Regulation 51 (general requirements for applications for an absent vote) For “Schedule 4” substitute “ Part 1 of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011 ”. In paragraph (2)— in sub-paragraph (b), for “paragraph 7(4) or (7) of Schedule 4” substitute “ paragraph 8(4) or (5) of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011 ”; in sub-paragraph (f), for “paragraph 3, 4 or 7 of Schedule 4” substitute “ paragraph 4 or 8 of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011 ”. Omit paragraph (4). For paragraph (5) substitute— Regulation 51A (additional provision concerning requirement that applications for absent vote must be signed) In sub-paragraph (a)— for “Schedule 4” substitute “ Part 1 of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011 ”; for “returning officer” substitute “ counting officer ”. Regulation 51AA (additional requirement for applications for ballot paper to be sent to different address from that stated in application) In paragraph (1)— in sub-paragraph (a), for “paragraph 3(1) or (7) or 4(1) of Schedule 4” substitute “ paragraph 4(1) of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011 ”; in sub-paragraph (b), for “paragraph 7(4) of Schedule 4” substitute “ paragraph 8(4) of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011 ”. Regulation 51B (additional requirement for applications for ballot paper to be sent to different address from that shown in records) In paragraph (1), for sub-paragraphs (a) and (b) substitute “ paragraph 4(5)(a) or 8(5) of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011 by a person shown as voting by post in the record referred to in that provision ”. Regulation 52 (additional requirements for applications for appointment of proxy) For “paragraphs 3 and 4 of Schedule 4” substitute “ paragraph 4 of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011 ”. Regulation 55 (additional requirements for applications for proxy to vote in respect of a particular election) For paragraph (1) substitute— In paragraph (2)— for “paragraph 4(2) of Schedule 4” substitute “ paragraph 4(2) of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011 ”; for “at the election for which it is made” substitute “ for the referendum ”. In paragraph (4) of the England and Wales Regulations and in paragraph (3A) of the Scotland Regulations— for “paragraph 4(2) of Schedule 4” substitute “ paragraph 4(2) of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011 ”; for “paragraph 2(5A)” substitute “ paragraph 2(6) ”; for “at the election for which it is made” substitute “ for the referendum ”. Regulation 56 (closing date for applications) For paragraph (1) substitute— In paragraph (2)— for “a particular parliamentary or local government election” substitute “ the referendum ”; for “at that election” substitute “ for the referendum ”. For paragraphs (3) and (3A) substitute— For paragraph (4) substitute— In paragraph (5)— after “paragraph 6(10) of that Schedule by an elector” insert “ , or a notice under paragraph 6(6) of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011 by a person, ”; for “a particular parliamentary or local government election” substitute “ the referendum ”; for “at that election” substitute “ for the referendum ”. In paragraph (6), after “bank holiday” insert “ or any day appointed as a day of public thanksgiving or mourning ”. For paragraph (7) substitute— Regulation 57 (grant or refusal of applications) Omit paragraph (3). In paragraph (4), for “Schedule 4” substitute “ Part 1 of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011 ”. In paragraph (4A), for sub-paragraphs (a) and (b) substitute— . Omit paragraph (4B). In paragraph (5), for “a particular parliamentary or local government election” substitute “ the referendum ”. For paragraph (6) substitute— Regulation 59 (cancellation of proxy appointment) For the words from “by notice given” to the end substitute “ under paragraph 6(6) of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011, or otherwise ceases to be in force by virtue of that provision, the registration officer shall notify the person who was the proxy, unless the registration officer has previously been notified by that person that he no longer wishes to act as proxy. ” Regulation 60A(7) to (9) (requirement to provide fresh signatures at five yearly intervals) In paragraph (7), for the words from “from the records” to the end substitute “ from the postal voters list, list of proxies or proxy postal voters list (as the case may be) kept under paragraph 5(2), 5(3) or 8(6) of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011 ”. In paragraph (8)— in sub-paragraph (a), for “the appropriate rules (as defined in paragraph 1 of Schedule 4)” substitute “ the referendum rules ”; in sub-paragraph (b), omit “and regulation 58”; in sub-paragraph (b), for “Schedule 4” substitute “ Part 1 of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011 ”. In paragraph (9), for the words from “removal from” to the end substitute removal from the postal voters list, list of proxies or proxy postal voters list (as the case may be) kept under paragraph 5(2), 5(3) or 8(6) of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011, information— Regulation 61 (records and lists kept under Schedule 4) In paragraph (1), for the words from “any of the following” to the end substitute “ the current or final version of the postal voters list, the list of proxies or the proxy postal voters lists which he is required to keep under paragraph 5(2), 5(3) or 8(6) of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011. ” In paragraph (5), for “paragraph 5(2) of Schedule 4” substitute “ paragraph 5(2) of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011 ”. In paragraph (6)— in sub-paragraph (a), for “paragraphs 5 and 7(8) of Schedule 4” substitute “ paragraphs 5 and 8(6) of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011 ”; for sub-paragraph (b) substitute—. In paragraph (7), for “paragraph 5(3) of Schedule 4” substitute “ paragraph 5(3) of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011 ”. Regulation 61A (conditions on the use, supply and inspection of absent voter records or lists) For “regulations 61(1)(a) and (b)” substitute “ regulation 61(1) ”. Regulation 61B (personal identifiers record) For paragraph (1) substitute— In paragraph (3), for sub-paragraph (a) substitute— Regulation 62 (marked register for polling stations) Regulation 64 (interpretation of Part 5) For the definition of “agent” substitute— “agent”, except in regulation 69, means a referendum agent or an agent appointed under that regulation; In the definition of “valid postal voting statement”, for “returning officer” substitute “ counting officer ”. Regulation 67 (persons entitled to be present at proceedings on issue of postal ballot papers) For “returning officer” substitute “ counting officer ”. Regulation 68 (persons entitled to be present at proceedings on receipt of postal ballot papers) For sub-paragraphs (a) to (c) substitute— . Regulation 69 (agents of candidates who may attend proceedings on receipt of postal ballot papers) Before paragraph (1) insert— For “returning officer” (in each place) substitute “ counting officer ”. Omit paragraph (5). Regulation 70 (notification of requirement of secrecy) For “returning officer” substitute “ counting officer ”. Regulation 71 (time when postal ballot papers are to be issued) For paragraph (1) substitute— In paragraph (2), for “returning officer” substitute “ counting officer ”. Regulation 72 (procedure on issue of postal ballot papers) In paragraph (8), for sub-paragraphs (a) and (b) substitute “ as mentioned in column 3 of the table in paragraph 5(2) or 8(6) of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011. ” Regulation 73 (refusal to issue ballot paper) For “returning officer” substitute “ counting officer ”. For “at any one election” substitute “ for the referendum ”. Regulation 74 (envelopes) In paragraph (1), for “rule 24 of the elections rules” substitute “ rule 12 of the referendum rules ”. Regulation 75 (sealing up of completed corresponding number lists) For “returning officer” (in both places) substitute “ counting officer ”. Regulation 76 (delivery of postal ballot papers) In paragraph (1)— for “returning officer” substitute “ counting officer ”; in sub-paragraph (c), for “rule 26(1) of the elections rules” substitute “ rule 14 of the referendum rules ”. In paragraph (2), for “returning officer” substitute “ counting officer ”. Regulation 77 (spoilt postal ballot papers) For “returning officer” (in each place) substitute “ counting officer ”. Regulation 78 (lost postal ballot papers) For “returning officer” (in each place) substitute “ counting officer ”. Regulation 79 (alternative means of returning postal ballot paper or postal voting statement) For “returning officer” (in each place) substitute “ counting officer ”. In paragraph (1), for “rule 45(1B) of the rules in Schedule 1 to the 1983 Act” substitute “ rule 40(3) of the referendum rules ”. In paragraph (3), for “rule 43(1) of the elections rules” substitute “ rule 38(1) of the referendum rules ”. Regulation 80 (notice of opening of postal ballot paper envelopes) In paragraph (1)— for “returning officer” substitute “ counting officer ”; for “candidate” substitute “ referendum agent ”. In paragraph (2)(b), for “candidate” substitute “ referendum agent ”. Regulation 81 (postal ballot boxes and receptacles) For “returning officer” (in each place) substitute “ counting officer ”. In paragraph (2), for the words from “constituency” to the end substitute “ voting area ”. In paragraph (4), after “lock the ballot box” insert “ (if it has a lock) ”. Regulation 82 (receipt of covering envelope) For “returning officer” (in both places) substitute “ counting officer ”. Regulation 83 (opening of postal voters' ballot box) In paragraphs (1) and (2), for “returning officer” substitute “ counting officer ”. In paragraph (3), for “rule 45 of the elections rules” substitute “ rule 40 of the referendum rules ”. Regulation 84 (opening of covering envelopes) For “returning officer” (in each place) substitute “ counting officer ”. Regulation 84A (confirming receipt of postal voting statements) For “returning officer” (in each place) substitute “ counting officer ”. Regulation 85 (procedure in relation to postal voting statements) For “returning officer” (in each place) substitute “ counting officer ”. Regulation 85A (procedure in relation to postal voting statements: personal identifier verification) For “returning officer” (in each place) substitute “ counting officer ”. Regulation 85B (postal voting statements: additional personal identifier verification) For “returning officer” (in each place) substitute “ counting officer ”. In paragraph (4), for “lock and reseal the postal ballot box” substitute “ lock the postal ballot box (if it has a lock) and reseal it ”. Regulation 86 (opening of ballot paper envelopes) In paragraph (1), for “returning officer” substitute “ counting officer ”. Regulation 86A (retrieval of cancelled postal ballot papers) In paragraph (1), for “returning officer” substitute “ counting officer ”. In paragraph (2)(f), for “rule 45 of the elections rules” substitute “ rule 40 of the referendum rules ”. In paragraph (3), for “returning officer” substitute “ counting officer ”. Regulation 87 (list of rejected postal ballot papers) In paragraph (1), for “In respect of any election, the returning officer” substitute “ The counting officer ”. Regulation 88 (checking of lists of rejected postal ballot papers) For “returning officer” (in each place) substitute “ counting officer ”. In paragraph (3), for the words from “in the constituency” to the end substitute “ in the voting area under rule 38(4) of the referendum rules ”. Regulation 89 (sealing of receptacles) In paragraph (1), for “returning officer” substitute “ counting officer ”. Regulation 91 (forwarding or retention of documents) For paragraph (1) substitute— In paragraph (3), for “returning officer” (in both places) substitute “ counting officer ”. In paragraph (4), for “Rules 56 and 57 of the elections rules” substitute “ Rules 51 and 52 of the referendum rules ”. In paragraph (5), for “returning officer” substitute “ counting officer ”. Regulation 92 (interpretation and application of Part 6) In paragraph (2), omit the definitions of “relevant conditions” and “research purposes”. In the England and Wales Regulations, in paragraph (7), for the words from “under regulations” to the first “may” substitute “ under regulation 98 may ”. In the England and Wales Regulations, in paragraph (10), for the words from “in regulations” to “below” substitute “ in regulation 98(9) below ”. Regulation 97 of the Scotland Regulations (supply of free copy of full register for electoral purposes and restrictions on use) For paragraphs (1) to (6) substitute— In paragraph (7)— for “the register” substitute “ any register ”; for “an election” substitute “ the referendum ”. Regulation 98 of the England and Wales Regulations (supply of free copy of full register for electoral purposes and restrictions on use) For paragraphs (1) to (8) substitute— In paragraph (9)— for “the register” substitute “ any register ”; for “an election” substitute “ the referendum ”. Regulation 115 (offences) In the England and Wales Regulations, for paragraph (2) substitute— In the Scotland Regulations, for paragraph (2) substitute— Regulation 116 (interpretation of Part 7) In the England and Wales Regulations, in paragraph (1), for “rule 55(1)(e) of the elections rules” substitute “ by virtue of rule 50(2)(f) of the referendum rules ”. In the England and Wales Regulations, after paragraph (1) insert— In the Scotland Regulations, in paragraph (1)— for “returning officer” substitute “ counting officer ”; for “rule 58 of the elections rules” substitute “ by virtue of rule 50(2)(f) of the referendum rules ”. In the Scotland Regulations, in paragraph (4), for “returning officer” substitute “ counting officer ”. Regulation 117 (supply of marked registers and lists after an election) In the England and Wales Regulations, in paragraph (1)— for the words from “regulation 100” to “local government election” substitute “ regulation 100, 106, 109 or 113 with copies of the full register ”; at the end insert— “ The reference to a person entitled to be supplied in accordance with regulation 106 with copies of the full register does not include a person mentioned in regulation 106(1)(b). ” In the England and Wales Regulations, in paragraph (2)— for “regulation 103, 105, 106 or 108 before a particular election” substitute “ regulation 106(1)(a) or (c) before the referendum ”; for “that election for which the marked register or list was prepared” substitute “ the referendum ”. In the England and Wales Regulations, in paragraph (6)(b), for “regulations 100, 103, 105, 106, 108, 109 or 113” substitute “ regulations 100, 106, 109 and 113 ”. In the England and Wales Regulations, in paragraph (7), for “regulations 100(3), 103(3), 105(4), 106(3), 108(5) and 109(3)” substitute “ regulations 100(3), 106(3) and 109(3) ”. In the Scotland Regulations, for “returning officer” (in each place) substitute “ counting officer ”. In the Scotland Regulations, in paragraph (1)— for the words from “regulation 99” to “parliamentary election” substitute “ regulation 99, 105, 108 and 112 with copies of the full register ”; at the end insert— “ The reference to a person entitled to be supplied in accordance with regulation 105 with copies of the full register does not include a person mentioned in regulation 105(1)(b). ” In the Scotland Regulations, in paragraph (2)— for “regulation 102, 104, 105 or 107 before a particular election” substitute “ regulation 105(1) or (c) before the referendum ”; for “that election for which the marked register or list was prepared” substitute “ the referendum ”. In the Scotland Regulations, in paragraph (6)(b), for “regulations 99, 102, 104, 105, 107, 108 or 112” substitute “ regulations 99, 105, 108 and 112 ”. In the Scotland Regulations, in paragraph (7), for “regulation 99(3), 102(3), 104(4), 105(3), 107(5) or 108(3)” substitute “ regulation 99(3), 105(3) or 108(3) ”. Regulation 118 (inspection of documents open to public inspection) In paragraph (1)(b)— for “an election” substitute “ the referendum ”; in paragraph (iii), for “election” substitute “ referendum ”. In the Scotland Regulations, for “returning officer” (in each place) substitute “ counting officer ”. Regulation 119 (conditions on the use, supply and disclosure of documents open to public inspection) In paragraph (2), omit “either” and after paragraph (ii) insert , or Regulation 120 (calculating the fee for supply of marked registers or lists) In Schedule 3, Form K For the heading substitute “ REFERENDUM ON THE VOTING SYSTEM FOR UNITED KINGDOM PARLIAMENTARY ELECTIONS ”. For “constituency” substitute “ voting area ”. For “returning officer” (in each place) substitute “ counting officer ”.
The provisions of the Representation of the People (Northern Ireland) Regulations 2008 (S.I. 2008/1741) listed in the first column of the table apply for the purposes of the referendum. In their application by virtue of this paragraph, those provisions have effect— Except where the context otherwise requires— In relation to the referendum, regulation 94(2) (restrictions on supply etc of full register) has effect as if after sub-paragraph (b) there were inserted—and as if the references in sub-paragraph (c) to “any such officer” were to “a person mentioned in sub-paragraph (a), (b), (ba) or (bb)”. The provisions of the regulations that apply for the purposes of the referendum by virtue of this paragraph are in addition to the provisions of the regulations that would apply for those purposes in any event. Provision Modification Regulation 3 (interpretation) Regulation 4 (forms) In paragraph (1), for “an election” substitute “ the referendum ”. Paragraph (2) applies for the purposes of the referendum only in so far as it relates to Form N in Schedule 3 to the regulations. Regulation 5 (applications, notices etc) Regulation 6 (electronic signatures) Regulation 8 (time) Regulation 11 (interference with notices etc) Regulation 25 (alteration of registers under section 13BA(3) of the 1983 Act) Regulation 40 (representations regarding clerical errors) Regulation 44(2) and (3) (notices in connection with registration) In paragraph (2) omit “13A(2) or”. Regulation 45 (communication of notices issued on polling day) In paragraph (3), for “returning officer” substitute “ counting officer ”. Regulation 54 (interpretation of Part 4) In the definition of “his allotted polling station”, for “elections rules” substitute “ referendum rules ”. Regulation 55 (general requirements for applications for an absent vote) In paragraph (1), for “section 6, 7, 8 or 9 of the 1985 Act” substitute “ Part 2 of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011 ”. In paragraph (2)— for “section 6(1) or 7(1)” substitute “ paragraph 15(1) or 19(4) of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011 ”; for “section 6(1)(ba) to (bc) or section 7(1)(ba) to (bc) of the 1985 Act” substitute “ paragraph 15(1)(c) to (e) or 19(4)(d) of that Schedule ”; in sub-paragraph (b), for “section 9 of the 1985 Act” substitute “ paragraph 19(4) of that Schedule ”; in sub-paragraph (d), for “section 6(1), 7(1) or 9(4) or (7) of the 1985 Act” substitute “ paragraph 15(1) of that Schedule ”. Regulation 55A (additional requirement for applications for ballot paper to be sent to different address from that shown in register) In paragraph (1)— omit sub-paragraph (a); in sub-paragraph (b), for “section 7(1) of the 1985 Act, the address provided in accordance with section 7(5) of that Act” substitute “ paragraph 15(1) of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011, the address provided in accordance with paragraph 15(7) of that Schedule ”; omit sub-paragraph (c). In paragraph (2), for “the provisions of the 1985 Act mentioned above” substitute “ paragraph 15(7) of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011 ”. Regulation 55B (additional requirement for applications for ballot paper to be sent to different address from that shown in records) For sub-paragraphs (a) and (b) substitute “ paragraph 15(5)(a) or 19(5) of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011 by a person (“A”) shown as voting by post in the record mentioned there ”. Regulation 56 (additional requirements for applications for appointment of proxy) For “section 8(6) or (7) of the 1985 Act” substitute “ paragraph 17(4) of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011 ”. Regulation 59 (additional requirement for applications in respect of a particular election) For paragraph (1) substitute— In paragraphs (2)(d) and (3)(d) omit the words from “in respect of the election” to the end. In paragraphs (4), (6) and (8), for “section 7(1) of the 1985 Act” substitute “ paragraph 15(1) of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011 ”. In paragraph (6)(a), for “the election in question” substitute “ the referendum ”. In paragraph (8), for sub-paragraph (b) substitute— . Regulation 60 (additional requirements for applications by proxies to vote by post at a particular election) For “section 9(7) of the 1985 Act” substitute “ paragraph 19(4) of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011 ”. For “elections rules” substitute “ referendum rules ”. Regulation 61 (closing date for applications) For paragraphs (1) to (3) substitute— In paragraph (4)— after “section 8(9) of that Act by an elector” insert “ , or a notice under paragraph 17(6) of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011 by a person, ”; for “a particular election” substitute “ the referendum ”; for “at that election” substitute “ for the referendum ”. For paragraph (6) substitute— Regulation 62 (grant or refusal of applications) In paragraph (1), for “section 6, 7, 8 or 9 of the 1985 Act” substitute “ Part 2 of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011 ”. Omit paragraph (3). For paragraph (4) substitute— In paragraph (5), for “a particular election” substitute “ the referendum ”. Regulation 64 (cancellation of proxy appointment) For the words from “by notice” to the end substitute “ under paragraph 17(6) of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011, or otherwise ceases to be in force by virtue of that provision, the registration officer shall notify the person who was the proxy, unless the registration officer has previously been notified by that person that he no longer wishes to act as proxy. ” Regulation 66(1) and (3) (records and lists kept under sections 6, 7 and 8 of the 1985 Act) For “sections 7(4) and 9(9) of the 1985 Act” substitute “ paragraphs 16(2) or (3) or 19(6) of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011 ”. Regulation 70 (interpretation of Part 5) In the definition of “absent voters list”, for “section 7(4) of the 1985 Act” substitute “ paragraph 16(2) of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011 ”. For the definition of “agent” substitute— “agent”, except in regulation 73, means a referendum agent or an agent appointed under that regulation; In the definition of “list of postal proxies”, for “section 9(9) of the 1985 Act” substitute “ paragraph 19(6) of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011 ”. Regulation 72 (persons entitled to be present at proceedings on issue and receipt of postal ballot papers) For “a parliamentary election” substitute “ the referendum ”. For sub-paragraphs (a) to (c) substitute— . Regulation 73 (agents of candidates who may attend proceedings on issue or receipt of postal ballot papers) Before paragraph (1) insert— For “returning officer” (in each place) substitute “ counting officer ”. Omit paragraph (6). Regulation 74 (notification of requirement of secrecy) For “returning officer” substitute “ counting officer ”. Regulation 75 (notice of issue of postal ballot papers) In paragraphs (1) and (2)— for “returning officer” substitute “ counting officer ”; for “candidate” (in each place) substitute “ referendum agent ”. Regulation 76 (procedure on issue of postal ballot papers) In paragraph (5)(b), for “section 9(9) of the 1985 Act” substitute “ paragraph 19(6) of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011 ”. Regulation 77 (refusal to issue postal ballot paper) For “returning officer” substitute “ counting officer ”. Regulation 78 (envelopes) In paragraph (1), for “rule 24 of the elections rules” substitute “ rule 12 of the referendum rules ”. Regulation 79 (sealing up of completed corresponding number lists) For “returning officer” (in each place) substitute “ counting officer ”. Regulation 80 (delivery of postal ballot papers) In paragraph (1)— for “returning officer” substitute “ counting officer ”; in sub-paragraph (c), for “rule 26(1) of the elections rules” substitute “ rule 14 of the referendum rules ”. In paragraph (2), for “returning officer” substitute “ counting officer ”. Regulation 81 (spoilt postal ballot papers) For “returning officer” (in each place) substitute “ counting officer ”. Regulation 82 (notice of opening of postal ballot paper envelopes) In paragraph (1)— for “returning officer” substitute “ counting officer ”; for “candidate” substitute “ referendum agent ”. In paragraph (2), for “candidate” substitute “ referendum agent ”. Regulation 83 (postal ballot boxes and receptacles) For “returning officer” (in each place) substitute “ counting officer ”. In paragraph (2), for the words “constituency for which the election is held” substitute “ voting area ”. In paragraph (4), after “lock the postal ballot box” insert “ (if it has a lock) ”. Regulation 84 (receipt of covering envelope) For “returning officer” substitute “ counting officer ”. Regulation 85 (opening of postal voters' ballot box) In paragraphs (1) and (2), for “returning officer” substitute “ counting officer ”. In paragraph (3), for “rule 45 of the elections rules” substitute “ rule 40 of the referendum rules ”. Regulation 86 (opening of covering envelopes) For “returning officer” (in each place) substitute “ counting officer ”. After paragraph (4) insert— Regulation 87 (procedure in relation to declarations of identity) For “returning officer” (in each place) substitute “ counting officer ”. In paragraph (1)(b), for “rule 45(2)(b) and (2A) of the elections rules)” substitute “ rule 40(4)(b) and (5) of the referendum rules ”. Regulation 88 (opening of ballot paper envelopes) In paragraph (1), for “returning officer” substitute “ counting officer ”. Regulation 89 (sealing of receptacles) For “returning officer” substitute “ counting officer ”. Regulation 91 (forwarding of documents) For paragraph (1) substitute— For “returning officer” (in each place) substitute “ counting officer ”. In paragraph (2), for the words from “and endorse” to the end substitute “ , endorse the packet as mentioned in paragraph (1)(a) and retain the packet ”. For paragraph (3) substitute— Regulation 115 (interpretation of Part 7) In paragraph (1), for “rule 57(1A) of the elections rules” substitute “ rule 50(1)(b) of the referendum rules ”. Regulation 116 (supply of marked registers and lists after an election) In paragraph (1)— for the words from “regulation 99” to “local government election” substitute “ regulations 99, 105, 107 or 111, with copies of the full register ”; at the end insert— “ The reference to a person entitled to be supplied in accordance with regulation 105 with copies of the full register does not include a person mentioned in regulation 105(1)(b). ” In paragraph (2)— for the words from “regulation 102” to “particular election” substitute “ regulation 105(1)(a) or (c) applies before the referendum ”; for “that election” substitute “ the referendum ”. In paragraph (6)(b), for “regulations 99, 102, 104, 105, 106, 107 or 111” substitute “ regulations 99, 105, 107 and 111 ”. Regulation 117 (inspection of documents open to public inspection) In paragraph (1)(b), for “an election” substitute “ the referendum ”. Regulation 118 (conditions on the use, supply and disclosure of documents open to public inspection) In paragraph (2) omit “either” and at the end insert “ or any purpose in connection with the referendum ”. Regulation 119 (fees relating to the supply of marked registers and lists) In Schedule 3, Form N For the heading substitute “ REFERENDUM ON THE VOTING SYSTEM FOR UNITED KINGDOM PARLIAMENTARY ELECTIONS ”. For “constituency” substitute “ voting area ”. For “returning officer” (in each place) substitute “ counting officer ”.
Section 4
For the purposes of the combined polls, Part 5 of the Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341) applies— Except where the context otherwise requires— In relation to the combined polls, the modifications made by this paragraph to Part 5 of the 2001 Regulations apply instead of any modifications that would apply to that Part by virtue of— Provision Modification Regulation 64 (interpretation of Part 5) For the definition of “agent” substitute— In the appropriate place insert—. In the appropriate place insert—. In the appropriate place insert—. In the definition of “valid postal voting statement”, after “returning officer” insert “or counting officer”. Regulation 65 (combination of proceedings on issue and receipt of postal ballot papers) For regulation 65 substitute— Regulation 66 (form of postal voting statement) Omit the whole regulation. Regulation 67 (persons entitled to be present at proceedings on issue of postal ballot papers) For “returning officer” substitute “relevant returning or counting officer”. Regulation 68 (persons entitled to be present at proceedings on receipt of postal ballot papers) For regulation 68 substitute— Regulation 69 (agents of candidates who may attend proceedings on receipt of postal ballot papers) For “returning officer” (in each place) substitute “relevant returning or counting officer”. Omit paragraph (3). After paragraph (7) insert— In paragraph (8), for “the candidates or their agents” substitute “any persons mentioned in regulation 68(3)(c) to (g) or (4)(c) and (d)”. Regulation 70 (notification of requirement of secrecy) For regulation 70 substitute— Regulation 71 (time when postal ballot papers are to be issued) In paragraph (1), after “voting statement)” insert “for an election or local referendum”. In the case of a person within entry 2, 3, 4 or 5 of the table in paragraph 5(2) of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011 or entry 2, 3, 4 or 5 of the table in paragraph 8(6) of that Schedule (electors and proxies entitled to vote by post for an indefinite or definite period), no postal ballot paper (and postal voting statement) for the referendum on the voting system in United Kingdom parliamentary elections shall be issued until after 5 pm on the eleventh day before the date of the poll (computed in accordance with regulation 56(6) above). In paragraph (2), omit “by the returning officer”. Regulation 72 (procedure on issue of postal ballot papers) For paragraph (5) substitute— In paragraph (6), for the words from the beginning to “postal ballot papers” substitute “Where proceedings on the issue and receipt of postal ballot papers are not taken together by virtue of regulation 65”. In paragraph (8)— after “paragraph (7)” insert “in relation to an election or local referendum”; and, in relation to the referendum on the voting system for United Kingdom parliamentary elections, the items specified in paragraph (7) must be sent to the address to which postal ballot papers should be sent as mentioned in column 3 of the table in paragraph 5(2) or 8(6) of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011. Regulation 73 (refusal to issue postal ballot papers) For “returning officer” substitute “relevant returning or counting officer”. For “election” substitute “poll”. Regulation 74 (envelopes) In paragraph (1), after “elections rules” insert “or rule 12 of the referendum rules”. Regulation 75 (sealing up of completed corresponding number lists) In paragraphs (1) and (2), for “returning officer” substitute “relevant returning or counting officer”. Regulation 76 (delivery of postal ballot papers) In paragraph (1)— for “returning officer” substitute “relevant returning or counting officer”; in sub-paragraph (c), after “elections rules” insert “or rule 14 of the referendum rules”. In paragraph (2), for “returning officer” substitute “relevant returning or counting officer”. Regulation 77 (spoilt postal ballot papers) For “returning officer” (in each place) substitute “relevant returning or counting officer”. In paragraph (2)(b), for “election” substitute “poll”. Regulation 78 (lost postal ballot papers) For “returning officer” (in each place) substitute “relevant returning or counting officer”. In paragraph (2A)(b), for “election” substitute “poll”. Regulation 79 (alternative means of returning postal ballot paper or postal voting statement) For “returning officer” (in each place) substitute “relevant returning or counting officer”. In paragraph (1), after “1983 Act” insert “and rule 40(3) of the referendum rules”. In paragraph (3), after “rule 43(1) of the elections rules” insert “or rule 38(1) of the referendum rules”. In paragraph (5), after “polling agents” insert “or polling observers”. Regulation 80 (notice of opening of postal ballot paper envelopes) In paragraph (1)— for “returning officer” substitute “relevant returning or counting officer”; for “each candidate” substitute “each of the persons mentioned in paragraph (1A)”. After paragraph (1) insert— In paragraph (2)(b), for “the number of agents a candidate” substitute “in the case of an election or the referendum on the voting system for United Kingdom parliamentary elections, the number of agents that a candidate or referendum agent”. Regulation 81 (postal ballot boxes and receptacles) For “returning officer” (in each place) substitute “relevant returning or counting officer”. For paragraph (2) substitute— In paragraph (3), for “the agents” substitute “those”. In paragraph (4), after “lock the ballot box” insert “(if it has a lock)”. Regulation 82 (receipt of covering envelope) For “returning officer” (in both places) substitute “relevant returning or counting officer”. Regulation 83 (opening of postal voters’ ballot box) In paragraph (1)— for “returning officer” substitute “relevant returning or counting officer”; at the end insert “and (where relevant) the persons mentioned in rule 37(3)(b) to (d) of the rules set out in Schedule 5 to the Local Authorities (Conduct of Referendums) (England) Regulations 2007”. In paragraph (2), for “returning officer” substitute “relevant returning or counting officer”. In paragraph (3), for “votes under rule 45 of the elections rules” substitute “ballot papers”. Regulation 84 (opening of covering envelopes) For “returning officer” (in each place) substitute “relevant returning or counting officer”. Regulation 84A (confirming receipt of postal voting statements) For “returning officer” (in each place) substitute “relevant returning or counting officer”. Regulation 85 (procedure in relation to postal voting statements) For “returning officer” (in each place) substitute “relevant returning or counting officer”. In paragraph (3), after “agents” insert “or counting observers or both (as the case may be)”. Regulation 85A (procedure in relation to postal voting statements: personal identifier verification) For “returning officer” (in each place) substitute “relevant returning or counting officer”. In paragraph (4), after “agents” insert “or counting observers or both (as the case may be)”. Regulation 85B (postal voting statements: additional personal identifier verification) For “returning officer” (in each place) substitute “relevant returning or counting officer”. In paragraph (3)(a) and (c), after “agents” insert “or counting observers or both (as the case may be)”. In paragraph (4), for “lock and reseal the postal ballot box in the presence of the agents” substitute “lock the postal ballot box (if it has a lock) and reseal it in the presence of the agents or counting observers or both (as the case may be)”. Regulation 86 (opening of ballot paper envelopes) In paragraph (1), for “returning officer” substitute “relevant returning or counting officer”. Regulation 86A (retrieval of cancelled postal ballot papers) In paragraph (1), for “returning officer” substitute “relevant returning or counting officer”. In paragraph (2)— in sub-paragraph (b), after “agents” insert “or counting observers or both (as the case may be)”; in sub-paragraph (f), for “votes under rule 45 of the elections rules” substitute “ballot papers” and after “agents” insert “or counting observers or both (as the case may be)”. In paragraph (3), for “returning officer” substitute “relevant returning or counting officer”. Regulation 87 (list of rejected postal ballot papers) In paragraph (1), for “In respect of any election, the returning officer” substitute “In respect of each relevant election or referendum, the relevant returning or counting officer”. Regulation 88 (checking of lists of rejected postal ballot papers) For “returning officer” (in each place) substitute “the relevant returning or counting officer”. In paragraph (3), at the end insert “or voting area under rule 38(1) of the referendum rules”. Regulation 89 (sealing of receptacles) In paragraph (1), for “returning officer” substitute “the relevant returning or counting officer”. Regulation 90 (abandoned poll) In paragraph (2), for “election” substitute “poll”. Regulation 91 (forwarding or retention of documents) In paragraph (1)— for the words before sub-paragraph (a) substitute “The relevant returning or counting officer shall forward to the registration officer to whom he forwards the documents mentioned in rule 55 of the elections rules or rule 50 of the referendum rules, at the same time as he forwards those documents”; in paragraph (a), for the words from “the election to which” to the end substitute “each relevant election or referendum and the area to which the packet relates”; A separate statement in Form K must be completed for each relevant election or referendum In paragraph (3), for “returning officer” (in both places) substitute “relevant returning or counting officer”. In paragraph (4), for “Rules 56 and 57 of the elections rules” substitute “The rules specified in paragraph (4A)”. After sub-paragraph (4) insert— In paragraph (5), for “returning officer” (in both places) substitute “relevant returning or counting officer”. In Schedule 3, Form K In the case of the form used in relation to the referendum under section 1— for “PARLIAMENTARY ELECTION” substitute “REFERENDUM ON THE VOTING SYSTEM FOR UNITED KINGDOM PARLIAMENTARY ELECTIONS”; for “constituency” substitute “voting area”; for “returning officer” (in each place) substitute “counting officer”.
Note - The forms contained in this Part may be adapted so far as circumstances require. Paragraphs 9(2) and 10(3) Paragraph 13(2) Paragraph 14(2) Paragraph 19(1) Paragraph 21(1) Paragraph 22(1) Paragraph 25(2) Paragraph 31(1)
Section 4
For the purposes of the combined polls, Schedule 3 to the National Assembly for Wales (Representation of the People) Order 2007 (S.I. 2007/236) applies— Except where the context otherwise requires— In the Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341) as they apply in relation to the referendum by virtue of Schedule 4— Provision Modification Paragraph 1 (interpretation) For the definition of “agent” substitute— In the appropriate places insert—; ; . Paragraph 2 (combination of polls) For paragraph 2 substitute— Paragraph 3 (form of postal voting statement) Omit the whole paragraph. Paragraph 4 (regional elections) Omit the whole paragraph. Paragraph 5 (persons entitled to be present at proceedings on issue of postal ballot papers) For “constituency returning officer” substitute “relevant returning or counting officer”. Paragraph 6 (persons entitled to be present at proceedings on receipt of postal ballot papers) For sub-paragraph (1) substitute— In sub-paragraphs (2) to (7), for “constituency returning officer” (in each place) substitute “relevant returning or counting officer”. Omit sub-paragraph (4). After sub-paragraph (7) insert— In sub-paragraph (9), for “the candidates or their agents” substitute “any persons mentioned in sub-paragraphs (1B)(c) to (h) or (1C)(c)”. Paragraph 7 (notification of requirement of secrecy) For paragraph 7 substitute— Paragraph 8 (time when postal ballot papers are to be issued) In sub-paragraph (1), after “voting statement” insert “for an Assembly election”. In the case of a person within entry 2, 3, 4 or 5 of the table in paragraph 5(2) of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011 or entry 2, 3, 4 or 5 of the table in paragraph 8(6) of that Schedule (electors and proxies entitled to vote by post for an indefinite or definite period), no postal ballot paper and postal voting statement for the referendum shall be issued until after 5 pm on the eleventh day before the date of the poll (computed in accordance with paragraph 7(6) of Schedule 1 to this Order). In sub-paragraph (2), omit “by the constituency returning officer”. Paragraph 9 (procedure on issue of postal ballot papers) In sub-paragraph (2), omit “Where an elector is entitled to give two votes”. For sub-paragraph (5) substitute— In sub-paragraph (6), for the words from the beginning to “but” substitute “Where”. In sub-paragraph (8)— after “sub-paragraph (7)” insert “in relation to an Assembly election”; and, in relation to the referendum, the items specified in sub-paragraph (7) must be sent to the address to which postal ballot papers should be sent as mentioned in column 3 of the table in paragraph 5(2) or 8(6) of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011. Paragraph 10 (refusal to issue postal ballot papers) For “constituency returning officer” substitute “relevant returning or counting officer”. After “election” insert “or the referendum”. Paragraph 11 (envelopes) In sub-paragraph (1)— for “constituency returning officer” substitute “relevant returning or counting officer”; after “Schedule 5” insert “or rule 12 of the referendum rules”. In sub-paragraph (2)— for “constituency returning officer” substitute “relevant returning or counting officer”; in paragraph (c), at the beginning insert “unless the envelope has a window through which the number on the ballot paper (or ballot papers) can be displayed,”. In sub-paragraph (3), for the words from the beginning to “but” substitute “Where”. Paragraph 12 (sealing up of completed corresponding number lists) In sub-paragraph (1), for “constituency returning officer” substitute “relevant returning or counting officer”. In sub-paragraph (2), for “returning officer” substitute “relevant returning or counting officer”. Paragraph 13 (delivery of postal ballot papers) In sub-paragraph (1)— for “constituency returning officer” substitute “relevant returning or counting officer”; in paragraph (c), after “Schedule 5” insert “or rule 14 of the referendum rules”. In sub-paragraph (2), for “constituency returning officer” substitute “relevant returning or counting officer”. Paragraph 14 (spoilt postal ballot papers) For “constituency returning officer” (in each place) substitute “relevant returning or counting officer”. In sub-paragraph (2)(b), for “election” substitute “poll”. Paragraph 15 (lost postal ballot papers) For “constituency returning officer” (in each place) substitute “relevant returning or counting officer”. In sub-paragraph (3)(b), for “election” substitute “poll”. Paragraph 16 (notice of opening of postal ballot paper envelopes) In sub-paragraph (1)— for “constituency returning officer” substitute “relevant returning or counting officer”; for paragraphs (a) and (b) substitute “each of the persons mentioned in sub-paragraph (1A)”. After sub-paragraph (1) insert— In sub-paragraph (2)(b), after “party” insert “or referendum agent (as the case may be)”. Return of postal ballot papers etc After paragraph 16 insert— Paragraph 17 (postal ballot boxes and receptacles) For “constituency returning officer” (in each place) substitute “relevant returning or counting officer”. For sub-paragraph (2) substitute— In sub-paragraph (4), after “shall then” insert “lock the ballot box (if it has a lock) and”. Paragraph 18 (receipt of covering envelope) In sub-paragraphs (1) and (2), for “constituency returning officer” substitute “relevant returning or counting officer”. Paragraph 19 (opening of postal voters’ ballot box) In sub-paragraphs (1) and (2), for “constituency returning officer” substitute “relevant returning or counting officer”. In sub-paragraph (3), for “votes under rule 55 of the Schedule 5” substitute “ballot papers”. Paragraph 20 (opening of covering envelopes) For “constituency returning officer” (in each place) substitute “relevant returning or counting officer”. Paragraph 21 (confirming receipt of postal voting statements) For “constituency returning officer” (in each place) substitute “relevant returning or counting officer”. In sub-paragraph (2)(a), for “returning officer” substitute “relevant returning or counting officer”. Paragraph 22 (procedure in relation to postal voting statements) For “constituency returning officer” (in each place) substitute “relevant returning or counting officer”. After sub-paragraph (3) insert— Paragraph 23 (procedure in relation to postal voting statements: personal identifier verification) For “constituency returning officer” (in each place) substitute “relevant returning or counting officer”. Paragraph 24 (postal voting statements: additional personal identifier verification) For “constituency returning officer” or “returning officer” (in each place) substitute “relevant returning or counting officer”. In sub-paragraph (4), for “reseal the postal ballot box” substitute “lock the postal ballot box (if it has a lock) and reseal it”. Paragraph 25 (opening of ballot paper envelopes) In sub-paragraph (1), for “constituency returning officer” substitute “relevant returning or counting officer”. Paragraph 26 (retrieval of cancelled postal ballot papers) In sub-paragraph (1), for “constituency returning officer” substitute “relevant returning or counting officer”. In sub-paragraph (2)(f)— for “votes under rule 55 of Schedule 5” substitute “ballot papers”; for “reseal the postal ballot box” substitute “lock the postal ballot box (if it has a lock) and reseal it”. Paragraph 27 (list of rejected postal ballot papers) In sub-paragraph (1), for “, the constituency returning officer” substitute “and in respect of the referendum, the relevant returning or counting officer”. Paragraph 28 (checking of lists of rejected postal ballot papers) For “constituency returning officer” (in each place) substitute “the relevant returning or counting officer”. In sub-paragraph (3), at the end insert “or voting area under rule 38 of the referendum rules”. Paragraph 29 (sealing of receptacles) In sub-paragraph (1), for “constituency returning officer” substitute “the relevant returning or counting officer”. Paragraph 30 (abandoned poll) In sub-paragraph (2), for “election” substitute “poll”. Paragraph 31 (forwarding or retention of documents) In sub-paragraph (1)— for the words before sub-paragraph (a) substitute “The relevant returning or counting officer shall forward to the registration officer to whom he forwards the documents mentioned in rule 67 of Schedule 5 or rule 50 of the referendum rules, at the same time as he forwards those documents”; in paragraph (a), for the words from “the election to which” to the end substitute “each election or referendum and the area to which the packet relates”; in paragraph (b), at the end insert “in respect of each Assembly election, and a completed statement in the form set out in Form 10 in Part 3 of Schedule 6 to the Parliamentary Voting System and Constituencies Act 2011 in respect of the referendum”. In sub-paragraph (2)— for “constituency returning officer” (in both places) substitute “relevant returning or counting officer”; for “rule 55(7) of Schedule 5” substitute “paragraph 16A(2)”. In sub-paragraph (3), for “Rules 68 and 69 of Schedule 5” substitute “The rules specified in paragraph (3A)”. After sub-paragraph (3) insert— In sub-paragraph (4), for “constituency returning officer” substitute “relevant returning or counting officer”. In Schedule 10, Form CD In a case where proceedings on the issue and receipt of postal ballot papers are taken together by virtue of paragraph 2 of Schedule 3 to the Welsh Assembly Order, for “returning officer” in each place substitute “counting officer”.
Note - The forms contained in this Part may be adapted so far as circumstances require. Paragraphs 7(3) and 8(4) Paragraph 10(3) Paragraph 11(2) Paragraph 11(4) Paragraph 19(1) Paragraph 21(1) Paragraph 22(1) Paragraph 27(2) Paragraph 34(1) Paragraph 59
Section 4
This paragraph applies where proceedings on the issue and receipt of postal ballot papers are not taken together by virtue of paragraph 2 of Schedule 4 to the 2010 Order. The counting officer must prepare a list under sub-paragraph (3) or (4) as the officer thinks fit. A list under this sub-paragraph is a list containing the numbers and other unique identifying marks of all of the ballot papers to be provided to presiding officers in pursuance of rule 38(1) of the Scottish Parliamentary Election Rules. A list under this sub-paragraph is a list containing the numbers and other unique identifying marks of all of the ballot papers to be provided to presiding officers in pursuance of the following provisions— The list must be in the form set out in Form 1 in Part 3 of this Schedule. A list prepared under rule 29 of the Scottish Parliamentary Election Rules must not include details relating to ballot papers in relation to which a list is prepared under sub-paragraph (3) or (4). A reference in an enactment to a list prepared under rule 29 of the Scottish Parliamentary Election Rules has effect, in so far as it relates to ballot papers to be provided in pursuance of rule 38(1) of those rules, as a reference to the list prepared under sub-paragraph (3) or (4). Where the counting officer prepares a list under sub-paragraph (4) in relation to ballot papers—
For the purposes of the combined polls, Schedule 4 to the 2010 Order applies— Except where the context otherwise requires— In the Representation of the People (Scotland) Regulations 2001 (S.I. 2001/497) as they apply in relation to the referendum by virtue of Schedule 4— Provision Modification Paragraph 1 (interpretation) For the definition of “agent” substitute— In the appropriate places insert— ; . In the definition of “valid postal voting statement”, for “CRO” substitute “relevant returning or counting officer”. Paragraph 2 (combination of polls) For paragraph 2 substitute— Paragraph 3 (form of postal voting statement) Omit the whole paragraph. Paragraph 4 (persons entitled to be present at proceedings on issue of postal ballot papers) In sub-paragraph (1)— for “CRO” substitute “relevant returning or counting officer”; for “CRO’s” substitute “relevant returning or counting officer’s”. In sub-paragraph (2), for “CRO” substitute “relevant returning or counting officer”. Paragraph 5 (persons entitled to be present at proceedings on receipt of postal ballot papers) For sub-paragraph (1) substitute— In sub-paragraph (2)— for “CRO” substitute “relevant returning or counting officer”; at the end insert “in relation to proceedings under this Schedule”. In sub-paragraphs (3) to (9), for “CRO” substitute “relevant returning or counting officer”. Omit sub-paragraph (6). After sub-paragraph (9) insert— In sub-paragraph (11), for “the candidates or their agents” substitute “any persons mentioned in sub-paragraphs (1B)(c) to (f) or (1C)(c)”. Paragraph 6 (notification of requirement of secrecy) For paragraph 6 substitute— Paragraph 7 (time when postal ballot papers are to be issued) In sub-paragraph (1), after “voting statement)” insert “for the Scottish parliamentary election”. In the case of a person within entry 2, 3, 4 or 5 of the table in paragraph 5(2) of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011 or entry 2, 3, 4 or 5 of the table in paragraph 8(6) of that Schedule (electors and proxies entitled to vote by post for an indefinite or definite period), no postal ballot paper (and no postal voting statement) for the referendum shall be issued until after 5 pm on the eleventh day before the date of the poll (computed in accordance with paragraph 9(7) of Schedule 3 to this Order). In sub-paragraph (2), omit “by the CRO”. Paragraph 8 (procedure on issue of postal ballot papers) For sub-paragraph (3) substitute— In sub-paragraph (4), for the words from the beginning to “but” substitute “Where”. In sub-paragraph (6)— after “sub-paragraph (5)” insert “in relation to a Scottish parliamentary election”; and, in relation to the referendum, the items specified in sub-paragraph (5) must be sent to the address to which postal ballot papers should be sent as mentioned in column 3 of the table in paragraph 5(2) or 8(6) of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011. Paragraph 9 (refusal to issue postal ballot papers) For paragraph 9 substitute— Paragraph 10 (envelopes) In sub-paragraph (1)— for “CRO” substitute “relevant returning or counting officer”; after “Rules” insert “or rule 12 of the referendum rules”. In sub-paragraph (2)— for “CRO” substitute “relevant returning or counting officer”; in paragraph (c), at the beginning insert “unless the envelope has a window through which the number on the ballot paper (or ballot papers) can be displayed,”. In sub-paragraph (3), for the words from the beginning to “but” substitute “Where”. Paragraph 11 (delivery of postal ballot papers) In sub-paragraph (1)— for “CRO” substitute “relevant returning or counting officer”; for “CRO’s” substitute “relevant returning or counting officer’s”. In sub-paragraph (2), for “CRO” substitute “relevant returning or counting officer”. Paragraph 12 (security of marked lists) In sub-paragraphs (1) and (2), for “CRO” substitute “relevant returning or counting officer”. Paragraph 13 (spoilt postal ballot papers) For “CRO” (in each place) substitute “relevant returning or counting officer”. Paragraph 14 (lost postal ballot papers) For “CRO” (in each place) substitute “relevant returning or counting officer”. Paragraph 15 (notice of opening of postal ballot paper envelopes) In sub-paragraph (1)— for “CRO” substitute “relevant returning or counting officer”; for paragraphs (a) and (b) substitute “each of the persons mentioned in sub-paragraph (1A)”. After sub-paragraph (1) insert— In sub-paragraph (2)(b), after “candidate” insert “or referendum agent (as the case may be)”. Return of postal ballot papers etc After paragraph 15 insert— Paragraph 16 (postal ballot boxes and receptacles) For “CRO” (in each place) substitute “relevant returning or counting officer”. For sub-paragraph (2) substitute— In sub-paragraph (4)— for “CRO’s” substitute “relevant returning or counting officer’s”; after “then” insert “lock the ballot box (if it has a lock) and”. Paragraph 17 (receipt of covering envelope) In sub-paragraphs (1) and (2), for “CRO” substitute “relevant returning or counting officer”. Omit sub-paragraphs (3) and (4). Paragraph 18 (opening of postal voters’ ballot box) In sub-paragraphs (1) and (2), for “CRO” substitute “relevant returning or counting officer”. In sub-paragraph (3), for “votes under rule 55 of the Scottish Parliamentary Election Rules” substitute “ballot papers”. Paragraph 19 (opening of covering envelopes) For “CRO” (in each place) substitute “relevant returning or counting officer”. In sub-paragraph (10), for “or (3)(a)” substitute “, (3A) or (3B)”. Paragraph 20 (procedure in relation to postal voting statements) For “CRO” (in each place) substitute “relevant returning or counting officer”. In sub-paragraph (4)(c), for “CRO’s” substitute “relevant returning or counting officer’s”. Paragraph 21 (procedure in relation to postal voting statements: personal identifier verification) For “CRO” (in each place) substitute “relevant returning or counting officer”. In sub-paragraph (4)(c), for “CRO’s” substitute “relevant returning or counting officer’s”. Paragraph 22 (postal voting statements: additional personal identifier verification) For “CRO” (in each place) substitute “relevant returning or counting officer”. In sub-paragraphs (3)(c) and (5), for “CRO’s” substitute “relevant returning or counting officer’s”. In sub-paragraph (4), for “reseal the postal ballot box” substitute “lock the postal ballot box (if it has a lock), and reseal it,”. Paragraph 23 (opening of ballot paper envelopes) In sub-paragraph (1), for “CRO” substitute “relevant returning or counting officer”. Paragraph 24 (retrieval of cancelled postal ballot papers) In sub-paragraphs (1) and (2), for “returning officer”, and for “CRO”, substitute “relevant returning or counting officer”. In sub-paragraph (2)(f), for “votes under rule 55 of the Scottish Parliamentary Election Rules” substitute “ballot papers”. In sub-paragraph (3)— for “CRO” substitute “relevant returning or counting officer”; for “CRO’s” substitute “relevant returning or counting officer’s”. Paragraph 25 (lists of rejected postal ballot papers) In sub-paragraph (1), for “any election, the CRO” substitute “the Scottish parliamentary election and in respect of the referendum, the relevant returning or counting officer”. Paragraph 26 (checking of lists of rejected postal ballot papers) For “CRO” (in each place) substitute “the relevant returning or counting officer”. In sub-paragraph (3), at the end insert “or voting area under rule 38 of the referendum rules”. Paragraph 27 (confirming receipt of postal votes and postal voting statements) In sub-paragraphs (1) and (2), for “CRO” substitute “the relevant returning or counting officer”. Paragraph 28 (sealing of receptacles) In sub-paragraph (1), for “CRO” substitute “the relevant returning or counting officer”. Paragraph 29 (abandoned poll) In sub-paragraph (2), for “election” substitute “poll”. Paragraph 30 (forwarding or retention of documents) In sub-paragraph (1)— for the words before sub-paragraph (a) substitute “The relevant returning or counting officer shall retain, together with the documents mentioned in rule 69(1) of the Scottish Parliamentary Election Rules and rule 49 of the referendum rules”; in paragraph (a), for the words from “the election to which” to the end substitute “the election or referendum to which it relates and the area to which it relates”; in paragraph (b), at the end insert “in respect of the election, and a completed statement in the form set out in Form 10 in Part 3 of Schedule 7 to the Parliamentary Voting System and Constituencies Act 2011 in respect of the referendum”. In sub-paragraph (2)— in paragraph (a), for “Rule 53(2)(g) of the Scottish Parliamentary Election Rules” substitute “paragraph 15A”; for “CRO” substitute “relevant returning or counting officer”. In sub-paragraph (3), for “Rules 68, 69, 70 and 71(1) of the Scottish Parliamentary Elections Rules” substitute “The rules specified in sub-paragraph (3A)”. After sub-paragraph (3) insert— In sub-paragraph (4), for “CRO” substitute “relevant returning or counting officer”. In the Appendix, form W In a case where proceedings on the issue and receipt of postal ballot papers are taken together by virtue of paragraph 2 of Schedule 4 to the Scottish Parliamentary Election Order, for “Returning Officer” or “Constituency Returning Officer”, in each place, substitute “Counting Officer”.
Note - The forms contained in this Part may be adapted so far as circumstances require. Paragraphs 6(3) and 7(4) Paragraph 10(3) Paragraph 11(2) Paragraph 11(4) Paragraph 19(1) Paragraph 21(1) Paragraph 22(1) Paragraph 26(2) Paragraph 33(1) Paragraph 58
Section 4
“the 2008 regulations” means the Representation of the People (Northern Ireland) Regulations 2008 (S.I. 2008/1741) as applied by Schedule 4;
In section 3A of the 2000 Act (four Electoral Commissioners to be persons put forward by parties), in subsection (7), for “votes cast for” there is substituted “first-preference votes obtained by”.
In this Part—
The provisions listed in sub-paragraph (3) do not apply where the Chief Electoral Officer decides that the proceedings on the issue and receipt of postal ballot papers in respect of the referendum and the relevant elections are to be taken together. Otherwise, the provisions listed in sub-paragraph (3) have effect as if the words before “the colour” were omitted. The provisions are—
The following provisions have effect as if for the words after “opened” there were substituted “at the counting of the ballot papers”—
regulation 85(3) of the 2008 Regulations;
paragraph 16(3) of Part 3 of Schedule 2 to the Local Elections Order.
This paragraph applies where the Chief Electoral Officer decides that the proceedings on the issue and receipt of postal ballot papers in respect of the referendum and the relevant elections are to be taken together. The Chief Electoral Officer must— The specified packets— A statement as to postal ballot papers— Where— the Chief Electoral Officer must seal those envelopes or postal ballot papers up in a separate packet, endorse the packet as mentioned in sub-paragraph (2)(a) and retain the packet. A copy of the completed statements as to postal ballot papers for the referendum and for the Assembly election must be provided to the Electoral Commission. The following rules apply to any packet or document retained under this paragraph— In its application by virtue of sub-paragraph (7)(c), rule 59 of the Local Elections Rules has effect as if references to the proper officer of the council were to the Chief Electoral Officer. This paragraph applies instead of regulation 91 of the 2008 Regulations. Paragraph 19 of Part 3 of Schedule 2 to the Local Elections Order has effect as if— Regulation 115(1) of the 2008 Regulations has effect in relation to an Assembly election as if the reference to documents retained under rule 57(1A) of the elections rules included a reference to documents retained under this paragraph that relate to the Assembly election. Schedule 3 to the Local Elections (Northern Ireland) Order 2010 has effect—
Note - The forms contained in this Part may be adapted so far as circumstances require. Paragraphs 7(2) and 8(3) Paragraph 10(2) Paragraph 11(2) Paragraph 11(4) Paragraph 11(6) Paragraph 16(1) Paragraph 18(4) Paragraph 25(1)
Section 6 The Schedule referred to in section 6(1) is as follows—
Section 9
Schedule 1 to the 1983 Act (parliamentary elections rules) is amended as follows.
For rule 18 (poll to be taken by ballot) there is substituted—
Remember—use 1, 2, 3 etc at this election—this is an election using the alternative vote system. Put the number 1 next to the name of the candidate who is your first choice (or your only choice, if you want to vote for only one candidate). You can also put the number 2 next to your second choice, 3 next to your third choice, and so on. You can mark as few or as many choices (up to the number of candidates) as you wish. Do not use the same number more than once. Put no other mark on the ballot paper, or your vote may not be counted.
In rule 44 (attendance at counting of votes), in paragraph (5), for “the candidate for whom the vote is given” there is substituted “the candidates to whom votes are allocated under rule 45A below”.
At the time when any stage of the counting or re-counting of the votes is completed, a candidate or candidate’s election agent who is then present may request the returning officer to have the votes re-counted or again re-counted in respect of any or all of the stages so far completed. The returning officer may refuse to comply with a request under paragraph (1) above if in the officer’s opinion it is unreasonable. In paragraph (2) of that rule, after “on the completion of” there is inserted “any stage of”. At any time before the declaration of the result, the returning officer may, if the officer thinks fit, have the votes re-counted or again re-counted in respect of any or all of the stages.
In rule 47 (rejected ballot papers), in the heading there is inserted at the end “and invalid markings”. In paragraph (1) of that rule— A ballot paper on which a number is marked elsewhere than in a proper place shall not be deemed to be void for that reason alone. If a ballot paper is marked with the same number (other than the number 1) against the name of more than one candidate, that number (each time it appears) and any numbers after the repeated numbers shall be ignored for the purposes of rule 45A above. If— those other marks shall be ignored for the purposes of rule 45A above. A ballot paper on which the voter makes any mark which— shall be treated in the same way as if the appropriate number (written as an arabic numeral) had been marked instead. In paragraph (2C) above a reference to a mark includes a reference to more than one mark. Paragraphs (2B) and (2C) above apply only if the way the paper is marked does not itself identify the voter and it is not shown that the voter can be identified by it. Where— the returning officer shall endorse the ballot paper in question with the words “not reallocated” and an indication of the stage at which the mark was ignored. Where the returning officer endorses a ballot paper as mentioned in paragraph (3A), the officer shall add to the endorsement the words “decision objected to” if an objection is made by a counting agent to the decision. In paragraph (4) of that rule—
For rule 49 (equality of votes), and the heading, there is substituted—
In rule 50 (declaration of result), in paragraph (1), for sub-paragraphs (a) to (c) there is substituted—
In rule 53 (return or forfeiture of candidate’s deposit), in paragraph (4), for the words after “is completed,” there is substituted “the number of first-preference votes obtained by the candidate is found to be not more than one-twentieth of the total number of first-preference votes obtained by all the candidates.”
In rule 61 (deceased independent candidate wins), in paragraph (1), for “the majority of votes is given to the deceased candidate” there is substituted “the deceased candidate would have been elected (in accordance with rule 45A above) had he not died”. In paragraph (2) of that rule, for sub-paragraph (a) there is substituted—. For sub-paragraph (c) of that paragraph there is substituted—
For rule 62 (deceased independent candidate with equality of votes) there is substituted—
The Appendix of forms is amended as follows. In the Form of Front of Ballot Paper— In the directions as to printing the ballot paper— In the Guidance for Voters—
The 1983 Act is amended as follows.
In section 66 (requirement of secrecy), in subsection (2)(b), for “the candidate for whom any vote is given on any particular ballot paper” there is substituted “how any particular ballot paper has been marked”. In subsection (3)(b) and (c) of that section, for “the candidate for whom” there is substituted “how”. In subsection (3)(d) of that section, for “the name of the candidate for whom he has or has not” there is substituted “how he has”. In subsection (4)(d) of that section, for “the candidate for whom any vote is given on any particular ballot paper” there is substituted “how any particular ballot paper has been marked”. In subsection (5) of that section, for “the candidate for whom” there is substituted “how”. Subsections (7) and (8) of that section are repealed. The amendments made by this paragraph do not apply to a local government election (within the meaning given by section 204(1) of the 1983 Act) in Scotland.
In section 113 (bribery), in subsection (7)—
for “this section the expression” there is substituted “this section—;
at the end there is inserted—
In section 114 (treating), at the end there is inserted—
In section 115 (undue influence), at the end there is inserted—
In section 117 (savings as to parliamentary elections), in subsection (2)(b), for “to record his vote for any particular candidate” there is substituted “to vote in any particular way”. In subsection (2)(c) of that section, for “recording his vote for any particular candidate” there is substituted “voting in any particular way”.
In section 139 (trial of election petition), in subsection (6) the words “the parliamentary elections rules or”, in both places, are repealed. After that subsection there is inserted—
In section 165 (avoidance of election for employing corrupt agent), after subsection (3) there is inserted—
In section 166 (votes to be struck off for corrupt or illegal practices), in subsection (1), for the words from “election there shall” to the end there is substituted “election, then on a scrutiny—
Put the number 1 next to the name of the candidate who is your first choice (or your only choice, if you want to vote for only one candidate). You can also put the number 2 next to your second choice, 3 next to your third choice, and so on. You can mark as few or as many choices (up to the number of candidates) as you wish. Do not use the same number more than once.
any provision of, or of any instrument made under, Northern Ireland legislation, and
In Schedule 2A to the Parliamentary Constituencies Act 1986 (public hearings about Boundary Commission proposals), in the definition of “qualifying party” in paragraph 9, for “votes” there is substituted “first-preference votes”.
Section 12 The Schedule referred to in section 12(2) is as follows—
Section 16
Short title and chapter Extent of repeal Representation of the People Act 1983 (c. 2) Section 66(7) and (8). In section 139(6), the words “the parliamentary elections rules or” in both places. In Schedule 1, in the Appendix of forms— in the Form of Front of Ballot Paper, the numbers on the left-hand side, and the vertical rule separating them from the particulars of the candidates; in paragraph 2 of the Guidance for Voters, the words “Vote for one candidate only.” Representation of the People Act 1985 (c. 50) Section 13(b). Greater London Authority Act 1999 (c. 29) In Schedule 3, paragraph 11.
Short title and chapter Extent of repeal Parliamentary Constituencies Act 1986 (c. 56) In section 3— in subsection (1)(b), the words “(read with paragraph 7)”; subsection (3); in subsection (6), the words “and related provisions”; subsections (7) and (8). Section 6. Section 8(3). Boundary Commissions Act 1992 (c. 55) Section 2(3). Section 3. Scotland Act 1998 (c. 46) Section 86. Local Government (Wales) Act 1994 (c. 19) In Schedule 2, paragraph 13. In Schedule 16, paragraph 80. Local Government etc. (Scotland) Act 1994 (c. 39) In Schedule 13, paragraph 150. Government of Wales Act 2006 (c. 32) Section 2(5) and (6). In section 159, in the entry for “Assembly electoral region”, the words “and Schedule 1”. Schedule 1. In Schedule 11, paragraph 1.