Referendums (Scotland and Wales) Act 1997

Referendum in Scotland

1

• (1) On 11th September 1997, a referendum shall be held in Scotland on the establishment and tax-varying powers of a Scottish Parliament.

• (2) The propositions to be voted on in the referendum and the front of the ballot papers to be used for that purpose shall be in the form set out in Schedule 1.

• (3) Those entitled to vote in the referendum shall be the persons who, on the date of the referendum, would be entitled to vote as electors at a local government election in any electoral area in Scotland.

But an alteration in a register of electors under section 11(1) or (2) or 57 of the Representation of the People Act 1983 (correction of registers and registration appeals) shall not have effect for the purposes of the referendum unless it is made before the start of the period of eleven days ending with the date of the referendum.

• (4) The Secretary of State shall appoint a Chief Counting Officer for Scotland.

• (5) The Chief Counting Officer shall appoint a counting officer for each local government area in Scotland.

• (6) Each counting officer shall—

• (a) conduct the counting of votes cast in the area for which he is appointed in accordance with paragraph 11 of Schedule 3 and any directions given by the Chief Counting Officer, and

• (b) certify, for each of the two forms of ballot paper, the number of ballot papers counted by him and the number of votes cast for each proposition.

• (7) The Chief Counting Officer shall certify, for each of the two forms of ballot paper, the total of—

• (a) the ballot papers counted, and

• (b) the votes cast for each proposition,

for the whole of Scotland.

Referendum in Wales

2

• (1) On 18th September 1997, a referendum shall be held in Wales on the establishment of a Welsh Assembly.

• (2) The propositions to be voted on in the referendum and the front of the ballot paper to be used for that purpose shall be in the form set out in Schedule 2.

• (3) Those entitled to vote in the referendum shall be the persons who, on the date of the referendum, would be entitled to vote as electors at an election for a county council or county borough council in Wales.

But an alteration in a register of electors under section 11(1) or (2) or 56 of the Representation of the People Act 1983 (correction of registers and registration appeals) shall not have effect for the purposes of the referendum unless it is made before the start of the period of eleven days ending with the date of the referendum.

• (4) The Secretary of State shall appoint a Chief Counting Officer for Wales.

• (5) The Chief Counting Officer shall appoint a counting officer for each county or county borough in Wales.

• (6) Each counting officer shall—

• (a) conduct the counting of votes cast in the area for which he is appointed in accordance with paragraph 11 of Schedule 3 and any directions given by the Chief Counting Officer, and

• (b) certify the number of ballot papers counted by him and the number of votes cast for each proposition.

• (7) The Chief Counting Officer shall certify the total of—

• (a) the ballot papers counted, and

• (b) the votes cast for each proposition,

for the whole of Wales.

Referendums: supplementary

3

Schedule 3 (conduct of the referendums, &c.) shall have effect.

Exclusion of legal proceedings

4

No court shall entertain any proceedings for questioning the number of ballot papers counted or votes cast as certified by a Chief Counting Officer or counting officer appointed in accordance with section 1(4) or (5) or 2(4) or (5).

Expenditure

5

• (1) There shall be charged on and paid out of the Consolidated Fund any expenditure which is to be charged on and paid out of that Fund by virtue of any enactment applied by Schedule 3.

• (2) Any expenditure of a Minister of the Crown—

• (a) in connection with a referendum held by virtue of this Act, or

• (b) in preparation for a Scottish Parliament or a Welsh Assembly,

shall be paid out of money provided by Parliament.

Short title

6

This Act may be cited as the Referendums (Scotland and Wales) Act 1997.

SCHEDULE 1

PART I — FORM OF FIRST BALLOT PAPER

PART II — FORM OF SECOND BALLOT PAPER

SCHEDULE 2

SCHEDULE 3

1

The provisions of this Schedule shall have effect in relation to the referendums under sections 1 and 2.

Time

2

• (1) In calculating any period of time for the purposes of any provision of, or applied by, this Act, the following days shall be disregarded.

• (2) In relation to the referendum in Scotland, the days are—

• (a) a Saturday or Sunday, and

• (b) a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in Scotland.

• (3) In relation to the referendum in Wales, the days are—

• (a) a Saturday or Sunday, and

• (b) a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in England and Wales.

Advertisements

3

• (1) The Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984 shall have effect in relation to the display on any site in Scotland of an advertisement relating specifically to the referendum under section 1 of this Act as they have effect in relation to the display of an advertisement relating specifically to a Parliamentary election.

• (2) The Town and Country Planning (Control of Advertisements) Regulations 1992 shall have effect in relation to the display on any site in Wales of an advertisement relating specifically to the referendum under section 2 of this Act as they have effect in relation to the display of an advertisement relating specifically to a Parliamentary election.

Premises used for election purposes

4

• (1) In relation to premises in Scotland, section 98 of the Representation of the People Act 1983 (premises not affected for rates) shall have effect as if the reference to public meetings in furtherance of a person’s candidature at an election included a reference to public meetings promoting a particular result in the referendum under section 1 of this Act.

• (2) In relation to premises in Wales, section 65(6) of the Local Government Finance Act 1988 (occupation for election meetings and polls) shall have effect as if—

• (a) the reference to public meetings in furtherance of a person’s candidature at an election included a reference to public meetings promoting a particular result in the referendum under section 2 of this Act, and

• (b) the reference to use by a returning officer for the purpose of taking the poll in an election included a reference to use by a person exercising functions of a returning officer in accordance with paragraph 5(1)(b) of this Schedule for the purposes of taking the poll in the referendum under section 2 of this Act.

Returning officers and counting officers

5

• (1) Functions conferred by this Schedule on the returning officer shall be exercised—

• (a) in each local government area in Scotland, by the person who, under section 41 of the Representation of the People Act 1983 (local government elections in Scotland) is, or may discharge the functions of, the returning officer at an election of councillors for that area,

• (b) in each county or county borough in Wales, by the person who is for the time being appointed to act as returning officer for that county or county borough under section 35(1A)(a) of the Representation of the People Act 1983 (local government elections in Wales).

• (2) A returning officer may, in writing, appoint one or more persons to discharge all or any of his functions.

• (3) It is the returning officer’s general duty at a referendum to do all such acts and things as may be necessary for effectually conducting the referendum in the manner provided by this Schedule.

6

• (1) In Scotland, the council for a local government area shall place the services of its officers at the disposal of any person who is acting as returning officer or counting officer in relation to that area.

• (2) In Wales, the council for any county or county borough shall place the services of its officers at the disposal of any person who is acting as returning officer or counting officer in relation to that county or county borough.

7

A counting officer may, in writing, appoint one or more persons to discharge all or any of his functions.

8

• (1) Order 45, rule 1 of the County Court Rules 1981 (application for taxation of returning officer’s account under section 30 of the Representation of the People Act 1983) shall have effect in relation to applications made under section 30 of that Act as applied by paragraph 13(2) below.

• (2) For the purpose of sub-paragraph (1), a reference in Order 45, rule 1 to a returning officer shall be construed as a reference to a returning officer, a counting officer or a Chief Counting Officer.

Hours of polling

9

The hours of polling shall be between 7 a.m. and 10 p.m.

The ballot papers

10

• (1) The back of the ballot papers shall be in the form set out in the Appendix.

• (2) A ballot paper—

• (a) shall be capable of being folded up,

• (b) shall have a number printed on the back, and

• (c) shall have attached a counterfoil with the same number printed on it.

• (3) For the referendum in Scotland, the two forms of ballot paper shall be of different colours.

Counting of votes, &c.

11

• (1) A counting officer shall, in accordance with any directions given by his Chief Counting Officer, appoint persons to observe the counting of the votes and the verification of the ballot paper accounts.

• (2) No person may attend the counting of votes for any voting area unless he is—

• (a) the counting officer for that area or a person appointed by him under rule 26 of the Parliamentary Elections Rules as applied by paragraph 13 below,

• (b) a Chief Counting Officer,

• (c) the Member of Parliament for a constituency wholly or partly within that area,

• (d) an observer appointed by the counting officer for that area under sub-paragraph (1), or

• (e) permitted by the counting officer for that area to attend the count.

• (3) A counting officer shall give observers such reasonable facilities for observing the proceedings, and all such information with respect to them, as he can give them consistently with the orderly conduct of the proceedings and the discharge of his duties in connection with them.

• (4) Before a counting officer makes a certification under section 1(6)(b) or 2(6)(b), or makes any public announcement as to the result of the count, he shall consult his Chief Counting Officer who may direct him to recount—

• (a) the ballot papers, or

• (b) in the case of the referendum in Scotland, either or both of the forms of ballot paper.

• (5) In this paragraph “voting area” means a local government area in Scotland or a county or county borough in Wales.

12

A counting officer shall, as soon as possible after his Chief Counting Officer has made the certification required by section 1(7) or 2(7), forward to the Secretary of State—

• (a) the packets of ballot papers in his possession,

• (b) the ballot paper accounts and the statements of rejected ballot papers and of the result of the verification of the ballot paper accounts,

• (c) the tendered votes lists, the lists of blind voters assisted by companions, the lists of votes marked by the presiding officer and the related statements, and the declarations made by the companions of blind voters,

• (d) the packets of counterfoils and certificates as to employment on duty on the day of the poll, and

• (e) the packets containing marked copies of registers and of lists of proxies,

endorsing on each packet a description of its contents and the name of the area for which the counting officer was appointed.

Application of enactments

13

• (1) The provisions set out in column (1) of Tables 1 to 4 below shall have effect in relation to the referendum in Scotland.

• (2) The provisions set out in column (1) of Tables 1 to 3 and 5 below shall have effect in relation to the referendum in Wales.

• (3) In their application for the purposes of a referendum, the provisions set out in column (1) of the Tables below shall have effect with the modifications shown in column (2) and any other necessary modifications; in particular, except where the context otherwise requires—

• (a) a reference to an election shall be construed as a reference to a referendum,

• (b) a reference to a constituency shall be construed as a reference to a local government area in Scotland or a county or county borough in Wales,

• (c) a reference to voting for, or a vote for, a candidate shall be construed as a reference to voting for, or a vote for, a proposition,

• (d) a reference to promoting or procuring the election of a candidate, or furthering a person’s candidature, shall be construed as a reference to promoting or procuring a particular result in a referendum,

• (e) a reference to the return of a person shall be construed as a reference to a particular result in a referendum,

• (f) a reference to a person voting as an elector shall be construed as a reference to a person voting on his own behalf,

• (g) a reference to a person’s entitlement as an elector to an absent vote shall be construed as a reference to a person’s entitlement to vote by post on his own behalf or to vote by proxy,

• (h) where anything is required to be done in the presence of election, polling, counting or other agents, the reference to the presence of agents shall be ignored,

• (i) a reference to anything being prescribed shall be construed as a reference to its being provided for by a provision of subordinate legislation applied by this Schedule,

• (j) a form which is required to be used may be used with such variations as the circumstances may require, and

• (k) a reference to the registration officer is a reference to the relevant registration officer appointed under section 8 of the Representation of the People Act 1983; and for the purpose of the exercise of a registration officer’s functions in relation to a referendum, sections 52(1) to (4) (discharge of registration duties) and 54(1), (3) and (4) (payment of expenses of registration) of the 1983 Act shall have effect.