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Parliamentary Voting System and Constituencies Act 2011

Type Public General Act

Publication 2011-02-16

Last updated 2024-08-24

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

“qualifying address” means the address in respect of which a person is entitled to be registered on the register of electors;

“elector” includes only those electors who, on the last day for publication of notice of the referendum, appear on a register to be used for the referendum.

Notification that certain electors entitled to absent vote

16

(1) As soon as practicable after the publication of notice of the referendum, a registration officer must—

(a) notify those peers who are within entry 2, 4 or 5 of the table in paragraph 5(2) or 16(2) of Schedule 3 that they are entitled to vote by post in the referendum;

(b) notify those electors who are within entry 2, 3, 4 or 5 of the table in paragraph 5(3) or 16(3) of Schedule 3 that they are entitled to vote by proxy in the referendum.

(2) A notice given to a peer under paragraph (1)(b) must—

(a) in the case of a peer within entry 2 of the table, state that the peer's entitlement to vote by proxy in the referendum arises by virtue of the peer's inclusion in the list of proxies for a specified poll mentioned in that entry;

(b) in the case of a peer within entry 4 of the table, state that the peer's entitlement to vote by proxy in the referendum arises by virtue of the peer's inclusion in the record kept under paragraph 3 of Schedule 4 to the Representation of the People Act 2000 as voting by proxy at local government elections;

(c) in the case of a peer within entry 5 of the table, state that the peer's entitlement to vote by proxy in the referendum arises by virtue of the peer's inclusion in the record kept under paragraph 3 of Schedule 2 to the European Parliamentary Elections Regulations 2004 (S.I. 2004/293) or (as the case may be) regulation 8 of the European Parliamentary Elections (Northern Ireland) Regulations 2004 (S.I. 2008/1741) as voting by proxy.

Equipment of polling stations

17

(1) The counting officer must provide each presiding officer with however many ballot boxes and ballot papers the counting officer thinks are necessary.

(2) Every ballot box must be constructed so that the ballot papers can be put in it, but cannot be withdrawn from it, without the box being unlocked or (in the case of a box without a lock) the seal being broken.

(3) The counting officer must provide each polling station with—

(a) materials to enable voters to mark the ballot papers;

(b) copies of each register of electors used for the referendum that contains the entries relating to the electors allotted to the station (or, in the case of a register only part of which contains those entries, that part);

(c) the parts of any special lists prepared for the referendum corresponding to each register or part of a register provided under sub-paragraph (b);

(d) a list consisting of that part of the list prepared under rule 6 that contains the numbers (but not the other unique identifying marks) corresponding to those on the ballot papers provided to the presiding officer of the polling station.

The list provided under sub-paragraph (d) must be in the form set out in Form 11 in Part 2 of this Schedule.

(4) The counting officer must also provide each polling station with—

(a) at least one large version of the ballot paper, which must be displayed inside the polling station for the assistance of voters who are partially sighted;

(b) a device for enabling voters who are blind or partially sighted to vote without any need for assistance from the presiding officer or any companion (within the meaning of rule 31 (1)).

(5) The device mentioned in paragraph (4)(b) must—

(a) allow a ballot paper to be inserted into and removed from the device, or attached to and detached from it, easily and without damage to the paper;

(b) keep the ballot paper firmly in place during use;

(i) to identify the spaces on the ballot paper on which the voter may mark his or her vote,

(ii) to identify the answer to which each such space refers, and

(iii) to mark his or her vote on the space the voter has chosen.

(6) 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.

(7) In every compartment of every polling station there must be exhibited the notice—

Mark one box only. Put no other mark on the ballot paper, or your vote may not be counted

(8) 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.

Appointment of polling and counting agents

18

(1) A referendum agent may, before the commencement of the poll, appoint—

(a) polling agents to attend at polling stations for the purpose of detecting personation;

(b) counting agents to attend at the counting of the votes.

(2) 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.

(3) In paragraph (2) “count” includes a re-count and “re-count” includes a further re-count.

(4) The counting officer may limit the number of counting agents that may be appointed, so long as—

(a) the number that may be appointed by each referendum agent is the same, and

(b) the number that may be appointed by each referendum agent is not (except in special circumstances) less than the number obtained by dividing the number of clerks employed on the counting by the number of referendum agents.

(5) 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.

(6) 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.

(7) 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.

(8) If a referendum agent designates a counting agent under paragraph (2) the notice under paragraph (6) or (7) must include notice of that fact.

(9) A notice under paragraph (6) or (7)—

(a) must be in writing, and

(b) must give the name and address of the appointee.

(10) 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)—

(a) whose appointments have been duly made and notified, and

(b) where the number of agents is restricted, who are within the permitted numbers.

(11) 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.

(12) 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.

(13) 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).

Notification of requirement of secrecy

19

The counting officer must make whatever arrangements the officer thinks are appropriate to ensure that—

(a) 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;

(b) 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.

Return of postal ballot papers

20

(1) Where—

(a) a postal vote has been returned in respect of a person who is entered in the postal voters list, or

(b) a proxy postal vote has been returned in respect of a proxy who is entered in the proxy postal voters list,

the counting officer must mark the list in the manner prescribed by the relevant postal voting provisions.

(2) 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 poll

Admission to polling station

21

(1) The presiding officer must exclude from the polling station everyone except—

(a) voters,

(b) persons under the age of 18 who accompany voters to the polling station,

(c) the Chief Counting Officer, the Regional Counting Officer (in the case of a polling station in a region for which a Regional Counting Officer is appointed) and the counting officer,

(d) the referendum agents,

(e) the polling agents appointed to attend at the polling station,

(f) the clerks appointed to attend at the polling station,

(g) persons who are entitled to attend by virtue of any of sections 6A to 6D of the 2000 Act,

(h) the constables on duty, and

(i) the companions of voters with disabilities attending at the polling station.

(2) 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.

(3) No more than one polling agent may be admitted at the same time to a polling station on behalf of the same referendum agent.

(4) 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) confirms that the person is a constable or, as the case may be, is employed by a counting officer,

(b) is in the form set out in Form 13 in Part 2 of this Schedule, and

(5) A certificate surrendered under this rule must be cancelled immediately.

Keeping of order in polling station

22

(1) It is the presiding officer's duty to keep order at the officer's polling station.

(2) 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) by a constable in or near that station, or

(b) by any other person authorised in writing by the counting officer to discharge this function.

(3) A person so removed may not, without the presiding officer's permission, re-enter the polling station that day.

(4) 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.

Sealing of ballot boxes

23

(1) Immediately before the commencement of the poll, the presiding officer must show anyone present in the polling station that the ballot box is empty.

(2) The presiding officer must then–

(a) lock the box (if it has a lock) and place his or her seal on it in a manner that prevents it from being opened without breaking the seal, and

(b) 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.

Questions to be put to voters

24

(1) At the time of the application (but not afterwards), the questions specified in the second column of the table—

(a) may be put by the presiding officer to a person who is mentioned in the first column, and

(b) must be put if the letter “R” appears after the question and a referendum or polling agent requires the question to be put.

Person applying for ballot paper	Person applying for ballot paper	Questions
1	A person applying as an elector	a“Are you the person registered in the register of electors as follows (read out the whole entry from the register)?” [R]b“Have you already voted in the referendum on the voting system for United Kingdom parliamentary elections, here or elsewhere, otherwise than as proxy for some other person?” [R]cIn Northern Ireland, “What is your date of birth?”
2	A person applying as proxy	a“Are you the person whose name appears as A B in the list of proxies for the referendum on the voting system for United Kingdom parliamentary elections as entitled to vote as proxy on behalf of C D?” [R]b“Have you already voted in the referendum on the voting system for United Kingdom parliamentary elections, here or elsewhere, as proxy on behalf of C D?” [R]c“Are you the spouse, civil partner, parent, grandparent, brother/sister, child or grandchild of C D?” [R]
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)	a“Are you the person entitled to vote as proxy on behalf of the elector whose number on the register of electors is (read out the number from the register)?” [R]b“Have you already voted in the referendum on the voting system for United Kingdom parliamentary elections, here or elsewhere, as proxy on behalf of the elector whose number on the register of electors is (read out the number from the register)?” [R]c“Are you the spouse, civil partner, parent, grandparent, brother/sister, child or grandchild of the person whose number on the register of electors is (read out the number from the register)?” [R]
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	a“Did you apply to vote by post?”b“Why have you not voted by post?”
6	A person applying as proxy who is named in the proxy postal voters list	a“Did you apply to vote by post as proxy?”b“Why have you not voted by post as proxy?”

(2) 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.

(3) 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.

(4) Except as authorised by this rule, no inquiry is permitted as to the right of any person to vote.

Challenge of voter

25

A person is not to be prevented from voting by reason only that—

(a) a referendum or polling agent declares that there is reasonable cause to believe that the person has committed an offence of personation, or

(b) the person is arrested on suspicion of committing or of being about to commit an offence of personation.

Voting procedure

26

A ballot paper must be delivered to a voter who applies for one, subject to any provision of these rules to the contrary.

27

(1) 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.

(2) 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—

(a) the document raises a reasonable doubt as to whether the voter is the elector or proxy he or she claims to be, or

(b) the apparent age of the voter as compared with the date of birth supplied in pursuance of section 10(4A)(b), 10A(1A)(b) or 13A(2A)(b) of the 1983 Act raises a reasonable doubt as to whether the voter is the elector or proxy he or she claims to be.

(3) 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.

(4) For the purposes of this rule a specified document is one that for the time being falls within the following list—

(a) a licence to drive a motor vehicle if the licence bears the photograph of the person to whom it is issued;

(b) a passport issued by the Government of the United Kingdom or by the Government of the Republic of Ireland;

(d) a Senior SmartPass issued under the Northern Ireland Concessionary Fares Scheme for use from 1st May 2002;

(e) a Blind Person's SmartPass, issued under the Northern Ireland Concessionary Fares Scheme for use from 1st May 2002;

(f) a War Disabled SmartPass, issued under the Northern Ireland Concessionary Fares Scheme for use from 1st May 2002;

(g) a 60+ SmartPass issued under the Northern Ireland Concessionary Fares Scheme for use from 1st October 2008.

(5) In paragraph (4)(a) “licence to drive a motor vehicle” means a licence granted under—

(a) Part 3 of the Road Traffic Act 1972 or Part 3 of the Road Traffic Act 1988,

(b) the Road Traffic (Northern Ireland) Order 1981, or

and includes a Community licence within the meaning of those enactments.

(6) References in this rule to producing a document are to producing it for inspection.

28

(1) This rule applies where there is a duty to deliver a ballot paper to a voter under rule 26.

(2) Immediately before delivery of the ballot paper—

(a) the number and (unless paragraph (3) applies) name of the elector as stated in the copy of the register of electors must be called out;

(b) the number of the elector must be marked on the list mentioned in rule 17(3)(d) beside the number of the ballot paper to be issued to the elector;

(c) a mark must be placed in the register of electors against the number of the elector to note that a ballot paper has been received but without showing the particular ballot paper which has been received;

(d) in the case of a person applying for a ballot paper as proxy, a mark must also be placed against the person's name in the list of proxies.

(3) 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).

(4) 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—

(a) the reference in paragraph (2)(a) to the copy of the register of electors is to be read as a reference to the copy of the notice;

(b) the reference in paragraph (2)(c) to a mark being placed in the register of electors is to be read as a reference to a mark being made on the copy of the notice.

29

(1) Immediately after receiving a ballot paper the voter must—

(a) proceed into one of the compartments in the polling station and there secretly mark the paper and fold it up so as to conceal the vote, and then

(b) show to the presiding officer the back of the paper, so as to disclose the number and other unique identifying mark, and put the ballot paper so folded up into the ballot box in the presiding officer's presence.

(2) 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.

Votes marked by presiding officer

30

(1) This rule applies where a voter applies to the presiding officer to mark the voter's ballot paper and the voter—

(a) is incapacitated by blindness or other disability from voting in the manner directed by these rules, or

(b) declares orally that he or she is unable to read.

(2) The presiding officer must, in the presence of the polling agents—

(a) cause the voter's vote to be marked on a ballot paper in the manner directed by the voter, and

(b) cause the ballot paper to be placed in the ballot box,

but in Northern Ireland this is subject to paragraph (3).

(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.

(4) 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—

(a) the voter's number on the register of electors, and

(b) the reason for the vote being marked in pursuance of this rule.

(5) 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.

(6) 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.

Voting by people with disabilities

31

(1) 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”).

(2) The presiding officer must grant the application if—

(a) the voter makes an oral or written declaration that he or she is so incapacitated by blindness or other disability, or by an inability to read, as to be unable to vote without assistance,

(b) the presiding officer is satisfied that the voter is so incapacitated, and

(c) the presiding officer is satisfied by a written declaration made by the companion (in these rules referred to as “the declaration made by the companion of a voter with disabilities”) that the companion—

(i) is a person qualified to assist the voter, and

(ii) has not previously assisted more than one voter with disabilities to vote in the referendum,

but in Northern Ireland this is subject to paragraph (3).

(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.

(4) For the purposes of paragraph (2)(c) a person is qualified to assist a voter with disabilities to vote if the person—

(a) is entitled to vote as an elector in the referendum, or

(b) is the father, mother, brother, sister, spouse, civil partner, son or daughter of the voter and has attained the age of 18 years.

(5) The declaration made by the companion—

(a) must be in the form set out in Form 14 in Part 2 of this Schedule,

(b) must be made before the presiding officer at the time when the voter applies to vote with the assistance of the companion, and

and the presiding officer must attest and retain the declaration.

(6) No fee or other payment may be charged in respect of the declaration.

(7) 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.

(8) 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—

(a) the voter's number on the register of electors, and

(b) the name and address of the companion.

(9) 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.

(10) 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.

(11) For the purposes of these rules a person is a voter with disabilities if the person has made a declaration under this rule.

Tendered ballot papers

32

(1) 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—

(a) in cases 1 to 7, the person satisfactorily answers the questions permitted by law to be asked at the poll;

(b) in case 8, the person satisfactorily answers the questions permitted by law to be asked at the poll other than the question at entry 1(c) in the table in rule 24.

Rule 33 makes further provision about tendered ballot papers.

(2) Case 1 is that—

(a) a person applies for a ballot paper,

(b) the person claims—

(i) to be a particular elector named on the register, and

(ii) not to be named in the postal voters list or the list of proxies,

and

(3) Case 2 is that—

(a) a person applies for a ballot paper,

(b) the person claims to be—

(i) a particular person named in the list of proxies as proxy for an elector, and

(ii) not entitled to vote by post as proxy,

and

(4) 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.

(5) Case 3 is that—

(a) a person applies for a ballot paper,

(b) the person claims to be a particular elector named on the register,

(d) the person claims not to have made an application to vote by post.

(6) Case 4 is that—

(a) a person applies for a ballot paper,

(b) the person claims to be a particular person named as a proxy in the list of proxies,

(d) the person claims not to have made an application to vote by post as proxy.

(7) 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—

(a) a person claims to be a particular elector named on the register and also named in the postal voters list, and

(b) the person claims to have lost or not received the postal ballot paper.

(8) 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—

(a) a person claims to be a particular person named as a proxy in the list of proxies and also named in the proxy postal voters list, and

(b) the person claims to have lost or not received the postal ballot paper.

(9) Case 7 is that—

(a) a person applies for a ballot paper in Northern Ireland, and

(b) there has been a refusal under paragraph (2) of rule 27 (including that paragraph as applied by rule 30 or 31 or this rule) by a presiding officer.

(10) Case 8 is that—

(a) a person applies for a ballot paper in Northern Ireland, and

(b) the person fails to answer the question at entry 1(c) in the table in rule 24 satisfactorily.

(11) 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).

(12) 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.

33

(1) Tendered ballot papers must be a different colour from the other ballot papers.

(2) 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.

(3) If a tendered ballot paper is required to be signed under paragraph (2) and the paper is not signed, the paper is void.

(4) Tendered ballot papers must be given to the presiding officer instead of being put into the ballot box.

(5) 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.

(6) The presiding officer must set tendered ballot papers aside in a separate packet.

(7) 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”).

(8) 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.

(9) 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.

(10) 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.

Refusal to deliver ballot paper

34

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).

Spoilt ballot papers

35

(1) 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—

(a) the voter delivers the ballot paper (in these rules referred to as “a spoilt ballot paper”) to the presiding officer, and

(b) proves the fact of the inadvertence to the satisfaction of the officer.

(2) The voter may obtain a replacement ballot paper and the spoilt ballot paper must be cancelled immediately.

Correction of errors on day of poll

36

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.

Adjournment of poll in case of riot

37

(1) 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.

(2) Where the poll is adjourned at a polling station—

(a) the hours of polling on the day to which it is adjourned must be the same as for the original day, and

(b) references in these rules to the close of the poll are to be read accordingly.

Procedure on close of poll

38

(1) 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—

(a) each ballot box in use at the station, sealed so as to prevent the introduction of additional ballot papers and unopened, but with the key (if any) attached;

(b) the unused and spoilt ballot papers placed together;

(d) 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;

(e) the lists prepared under rule 6, including the parts that were completed in accordance with rule 28(2)(b) (together referred to in these rules as “the completed corresponding number lists”);

(f) the certificates as to employment on duty on the day of the poll;

(g) the tendered votes list, the list of voters with disabilities assisted by companions, the list of votes marked by the presiding officer, a statement of the number of voters whose votes are so marked by the presiding officer under the heads “disability” and “unable to read”, the list maintained under rule 36, and the declarations made by the companions of voters with disabilities.

(2) 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.

(3) The packets must be sealed with—

(a) the presiding officer's seal, and

(b) the seals of any polling agents who want to affix their seals.

(4) 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.

(5) 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.

(6) 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—

(a) ballot papers issued and not otherwise accounted for,

(b) unused ballot papers,

(d) tendered ballot papers.

Counting of votes

Attendance at the count

39

(1) 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.

(2) The counting officer must give the counting agents notice in writing of the time and place at which the counting of votes will begin.

(3) A person may be present at the counting of the votes only if—

(a) the person falls within paragraph (4), or

(b) the person is permitted by the counting officer to attend.

(4) The persons within this paragraph are—

(a) the Chief Counting Officer, the Regional Counting Officer (where the voting area is in a region for which a Regional Counting Officer is appointed) and the counting officer;

(b) the counting officer's clerks;

(d) the counting agents;

(e) persons who are entitled to attend by virtue of any of sections 6A to 6D of the 2000 Act.

(5) The counting officer may give a person permission under paragraph (3)(b) only if—

(a) the officer is satisfied that the person's attendance will not impede the efficient counting of the votes, and

(b) the officer has consulted the referendum agents or thought it impracticable to do so.

(6) The counting officer must give the counting agents—

(a) whatever reasonable facilities for overseeing the proceedings, and

(b) whatever information with respect to the proceedings,

the officer can give them consistently with the orderly conduct of the proceedings and the discharge of the officer's duties.

(7) 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.

The count

40

(1) The counting officer must—

(a) in the presence of the counting agents open each ballot box and count and record the number of ballot papers in it;

(b) in the presence of the referendum agents verify each ballot paper account;

(2) The counting officer must not count the votes given on any ballot papers until—

(a) in the case of postal ballot papers, they have been mixed with the ballot papers from at least one ballot box;

(b) in the case of ballot papers from a ballot box, they have been mixed with the ballot papers from at least one other ballot box.

(3) In England a postal ballot paper is not to be taken to be duly returned unless—

(a) it is returned in the manner prescribed by the relevant postal voting provisions and reaches the counting officer or a polling station in the appropriate area before the close of the poll,

(b) the postal voting statement, duly signed, is also returned in the manner prescribed by the relevant postal voting provisions and reaches the counting officer or polling station before that time,

(d) in a case where an elector's or proxy's date of birth and signature are to be verified in accordance with the relevant postal voting provisions, the counting officer verifies the date of birth and signature of the elector or proxy (as the case may be).

In paragraph (a) “the appropriate area” means the voting area containing the address in respect of which the elector is registered.

(4) In Northern Ireland a postal ballot paper is not to be taken to be duly returned unless—

(a) it is returned in the proper envelope so as to reach the counting officer before the close of the poll and is accompanied by the declaration of identity duly signed and authenticated, and

(b) in the case of an elector, the declaration of identity states the elector's date of birth and the counting officer is satisfied that the date stated corresponds with the date supplied as the elector's date of birth in pursuance of section 10(4A)(b), 10A(1A)(b) or 13A(2A)(b) of the 1983 Act.

(5) 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.

(6) The counting officer must not count any tendered ballot papers.

(7) The counting officer, while counting and recording the number of ballot papers and counting the votes, must—

(a) keep the ballot papers with their faces upwards, and

(b) take all proper precautions for preventing anyone from seeing the numbers or other unique identifying marks printed on the back of the papers.

(8) The counting officer must—

(a) verify each ballot paper account by comparing it with the number of ballot papers recorded by the officer, and the unused and spoilt ballot papers in the officer's possession and the tendered votes list (opening and resealing the packets containing the unused and spoilt ballot papers and the tendered votes list);

(b) draw up a statement as to the result of the verification.

(9) Any counting agent present at the verification may copy the statement drawn up under paragraph (8)(b).

(10) Once the statement is drawn up the counting officer must—

(a) in the case of a voting area in a region for which a Regional Counting Officer is appointed, inform the Regional Counting Officer of the contents of the statement;

(b) in the case of any other voting area, inform the Chief Counting Officer of the contents of the statement.

(11) The counting officer must so far as practicable proceed continuously with the counting of votes, allowing only time for refreshment, except that—

(a) the officer may, with the agreement of the counting agents, exclude the whole or any part of the period between 7 pm and 9 am on the next day;

(b) the officer may exclude a day mentioned in rule 2(1).

(12) During the time so excluded the counting officer must—

(a) place the ballot papers and other documents relating to the referendum under the officer's own seal and the seals of any of the counting agents who want to affix their seals, and

(b) otherwise take proper precautions for the security of the papers and documents.

(13) For the purposes of paragraph (11)(a) the agreement of a referendum agent is effective as the agreement of his or her counting agents.

Re-count

41

(1) 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.

(2) The persons within this paragraph are—

(a) referendum agents;

(b) counting agents who, in relation to the count (or re-count), are designated under rule 18(2).

(3) 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.

(4) A counting officer may not conduct a re-count once a direction has been given under rule 43(3)(b).

Rejected ballot papers

42

(1) Any ballot paper—

(a) that does not bear the official mark, or

(b) on which a vote is given for both answers to the referendum question, or

(c) on which anything is written or marked by which the voter can be identified (except the printed number and other unique identifying mark on the back), or

(d) which is unmarked or does not indicate the voter's intention with certainty,

is void and not to be counted.

(2) But a ballot paper on which the vote is marked—

(a) elsewhere than in the proper place, or

(b) otherwise than by means of a cross, or

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.

(3) 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.

(4) The counting officer must draw up a statement showing the number of ballot papers rejected under each of the following heads—

(a) no official mark;

(b) both answers voted for;

(d) unmarked or void for uncertainty.

(5) Once the statement is drawn up the counting officer must—

(a) in the case of a voting area in a region for which a Regional Counting Officer is appointed, inform the Regional Counting Officer of the contents of the statement;

(b) in the case of any other voting area, inform the Chief Counting Officer of the contents of the statement.

(6) 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.

Direction to conduct re-count

43

(1) 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—

(a) the total number of ballot papers counted, and

(b) the number of votes cast in favour of each answer to the question asked in the referendum.

(2) Once the statement is drawn up the counting officer must—

(a) in the case of a voting area in a region for which a Regional Counting Officer is appointed, inform the Regional Counting Officer of the contents of the statement;

(b) in the case of any other voting area, inform the Chief Counting Officer of the contents of the statement.

(3) The Regional Counting Officer or Chief Counting Officer must then either—

(a) direct the counting officer to have the votes re-counted, or

(b) direct the counting officer to make the certification under section 128(5) of the 2000 Act.

(4) 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.

(5) A counting officer who is given a direction under paragraph (3)(a) must—

(a) begin the re-count as soon as practicable, and

(b) if the officer does not begin the re-count immediately, notify the counting agents of the time and place at which it will take place.

(6) 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).

Decisions on ballot papers

44

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).

Final proceedings

Declaration by counting officers

45

(1) This rule applies to the counting officer for a voting area in a region for which a Regional Counting Officer is appointed.

(2) After making the certification under section 128(5) of the 2000 Act, the counting officer must—

(a) immediately give to the Regional Counting Officer notice of the matters certified;

(b) as soon as practicable give to the Regional Counting Officer notice of the number of rejected ballot papers under each head shown in the statement of rejected ballot papers.

(3) When authorised to do so by the Regional Counting Officer, the counting officer must—

(a) make a declaration of the matters certified under section 128(5) of the 2000 Act;

(b) 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.

46

(1) This rule applies to—

(a) the counting officer for Northern Ireland;

(b) the counting officer for a voting area in a region for which no Regional Counting Officer is appointed.

(2) After making the certification under section 128(5) of the 2000 Act, the counting officer must—

(a) immediately give to the Chief Counting Officer notice of the matters certified;

(b) as soon as practicable give to the Chief Counting Officer notice of the number of rejected ballot papers under each head shown in the statement of rejected ballot papers.

(3) When authorised to do so by the Chief Counting Officer, the counting officer must—

(a) make a declaration of the matters certified under section 128(5) of the 2000 Act;

(b) 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.

Declaration by Regional Counting Officers

47

(1) After making the certification under paragraph 5(4) of Schedule 1, a Regional Counting Officer must—

(a) immediately give to the Chief Counting Officer notice of the matters certified;

(b) as soon as practicable give to the Chief Counting Officer notice of the number of rejected ballot papers for the region under each head shown in the statements of rejected ballot papers.

(2) When authorised to do so by the Chief Counting Officer, a Regional Counting Officer must—

(a) make a declaration of the matters certified under paragraph 5(4) of Schedule 1;

(b) give public notice of the matters certified together with the number of rejected ballot papers for the region under each head shown in the statements of rejected ballot papers.

Declaration of referendum result by Chief Counting Officer

48

After making the certification under section 128(6) of the 2000 Act, the Chief Counting Officer must—

(a) immediately make a declaration of the matters certified under that provision;

(b) 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.

Disposal of documents

Sealing up of ballot papers

49

(1) On the completion of the counting the counting officer must seal up in separate packets—

(a) the counted ballot papers, and

(b) the rejected ballot papers.

(2) The counting officer may not open the sealed packets of—

(a) tendered ballot papers,

(b) the completed corresponding number lists,

(d) 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 lists of proxies.

Delivery or retention of documents

50

(1) 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—

(a) in the case of a counting officer for a voting area in England and Wales, forward the documents specified in paragraph (2) to the relevant registration officer;

(b) in the case of a counting officer for a voting area in Scotland or the counting officer for Northern Ireland, retain the documents.

(2) The documents referred to above are—

(a) the packets of ballot papers;

(b) the ballot paper accounts and the statements of—

(i) rejected ballot papers, and

(ii) the result of the verification of the ballot paper accounts;

(c) the tendered votes lists, the lists of voters with disabilities assisted by companions, the lists of votes marked by the presiding officer and the related statements, the lists maintained under rule 36 and the declarations made by the companions of voters with disabilities;

(d) the packets of the completed corresponding number lists;

(e) the packets of certificates as to employment on duty on the day of the poll;

(f) the packets containing marked copies of the registers (including any marked copy notices issued under section 13B(3B) or (3D) or 13BA(9) of the 1983 Act) and marked copies of the postal voters list, of lists of proxies and of the proxy postal voters list;

(g) any other documents prescribed for the purposes of this sub-paragraph by the relevant postal voting provisions.

(3) For the purposes of paragraph (1) the relevant registration officer is—

(a) in relation to a voting area in England or a voting area in Wales that is not within sub-paragraph (b), the registration officer of the local authority in whose area that voting area is situated;

(b) in relation to a voting area in Wales that comprises any part of the area of more than one local authority, the registration officer appointed under section 44(3)(b) of the Electoral Administration Act 2006 in respect of the Assembly constituency that corresponds to that voting area.

(4) In paragraph (3)—

“local authority” has the same meaning as in paragraph 4 of Schedule 1;

“Assembly constituency” means a constituency for the National Assembly for Wales.

Orders for production of documents

51

(1) 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—

(a) for the inspection or production of any rejected ballot papers in the custody of a registration officer or (as the case may be) a counting officer,

(b) for the opening of a sealed packet of the completed corresponding number lists or of certificates as to employment on duty on the day of the poll, or

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.

(2) An order under this rule may be made subject to whatever conditions the court or sheriff thinks expedient as to—

(a) persons,

(b) time,

(d) production or opening.

(3) 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—

(a) that the vote was given, and

(b) that the vote has been declared by a competent court to be invalid.

(4) 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.

(5) 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.

(6) A power given under this rule to a county court in Northern Ireland may be exercised in whatever manner rules of court provide.

(7) 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—

(a) the production by the officer or the officer's agent of the document ordered in the manner directed by the order is conclusive evidence that the document relates to the referendum;

(b) any endorsement on any packet of ballot papers so produced is prima facie evidence that the ballot papers are what they are stated to be by the endorsement.

(8) The production from proper custody of—

(a) a ballot paper purporting to have been used at the referendum, and

(b) a completed corresponding number list with a number marked in writing beside the number of the ballot paper,

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).

(9) Except as provided by this rule (or a court order) nobody may—

(a) inspect any rejected or counted ballot papers in the possession of a registration officer or counting officer, or

(b) open any sealed packets of the completed corresponding number lists or of certificates.

Retention and public inspection of documents

52

(1) 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.

(2) For the purposes of paragraph (1) a competent court is—

(a) in relation to a registration officer in England and Wales, the High Court, the Crown Court or a magistrates' court;

(b) in relation to a counting officer in Scotland, the Court of Session;

(3) While documents are retained under paragraph (1) they must be open to public inspection. This does not apply to—

(a) ballot papers;

(b) the completed corresponding number lists;

(4) 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.

(5) A right to inspect or be supplied with a document or part of a document under this rule is subject to—

(a) any conditions imposed by the relevant regulations, and

(b) the payment of any fee required by the relevant regulations.

Supplementary

Interpretation

53

In these rules—

“anonymous entry”, in relation to a register of electors, is to be read in accordance with section 9B of the 1983 Act and “the record of anonymous entries”, means the record prepared in pursuance of regulations made by virtue of paragraph 8A of Schedule 2 to that Act;

“counting agent” is to be read in accordance with rule 18(10);

“elector” means a person who is entitled to vote on his or her own behalf in the referendum;

“list of proxies”—in relation to England and Wales and Scotland, means the list kept under paragraph 5(3) of Schedule 3;in relation to Northern Ireland, means the list kept under paragraph 16(3) of Schedule 3;

“polling agent” is to be read in accordance with rule 18(10);

“postal voters list”—in relation to England and Wales and Scotland, means the list kept under paragraph 5(2) of Schedule 3;in relation to Northern Ireland, means the list kept under paragraph 16(2) of Schedule 3;

“presiding officer” is to be read in accordance with rule 14(1) and (2);

“proxy postal voters list”—in relation to England and Wales and Scotland, means the list kept under paragraph 8(6) of Schedule 3;in relation to Northern Ireland, means the list kept under paragraph 19(6) of Schedule 3;

“referendum agent” means a person appointed under paragraph 11 of Schedule 1;

“the relevant postal voting provisions”—in relation to England, means Part 5 of the Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341) as applied by Schedule 4 to this Act;in relation to Wales, means Schedule 3 to the National Assembly for Wales (Representation of the People) Order 2007 (S.I. 2007/236) as applied by Part 2 of Schedule 6 to this Act;in relation to Scotland, means Schedule 4 to the Scottish Parliament (Elections etc.) Order 2010 (S.I. 2010/2999) as applied by Part 2 of Schedule 7 to this Act;in relation to Northern Ireland, means Part 5 of the Representation of the People (Northern Ireland) Regulations 2008 (S.I. 2008/1741) as applied by Schedule 4 to this Act;

“the relevant regulations”—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;in relation to Scotland, means the Representation of the People (Scotland) Regulations 2001 (S.I. 2001/497) as so applied;in relation to Northern Ireland, means the Representation of the People (Northern Ireland) Regulations 2008 (S.I. 2008/1741) as so applied;

“voter” means a person voting in the referendum and includes a person voting as proxy and “vote” (whether noun or verb) is be construed accordingly; and a reference to an elector voting or an elector's vote includes a reference to an elector voting by proxy or an elector's vote given by proxy.

PART 2 — Forms referred to in referendum rules

Note - The forms contained in this Part may be adapted so far as circumstances require.

SCHEDULE 3

PART 1 — Great Britain

Interpretation

1

In this Part of this Schedule—

“anonymous entry”, in relation to a register of electors, is to be read in accordance with section 9B of the 1983 Act;

“European Parliamentary Elections Regulations” means the European Parliamentary Elections Regulations 2004 (S.I. 2004/293);

“peer” means a peer who is a member of the House of Lords;

“relevant register” means—a register of parliamentary electors, orin relation to a peer—a register of local government electors, ora register of peers maintained under section 3 of the Representation of the People Act 1985 (peers resident outside the United Kingdom);

“the relevant regulations”—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;in relation to Scotland, means the Representation of the People (Scotland) Regulations 2001 (S.I. 2001/497) as so applied;

“the RPA 2000” means the Representation of the People Act 2000.

Manner of voting in the referendum

2

(1) This paragraph applies to determine the manner of voting in England and Wales or Scotland of a person entitled to vote in the referendum.

(2) 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.

(3) The person may vote by post if the person is entitled to vote by post in the referendum.

(4) 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.

(5) If—

(a) the person is not entitled to vote by post or by proxy in the referendum, but

(b) the person cannot reasonably be expected to go in person to the polling station allotted to him or her under the referendum rules by reason of the particular circumstances of his or her employment, either as a constable or by the counting officer, on the date of the poll for a purpose connected with the referendum,

he or she may vote in person at any polling station.

(6) 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—

(a) in person (where the person is granted permission to be absent from the hospital and voting in person does not breach any condition attached to that permission), or

(b) 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).

(7) 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).

(8) 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.

Entitlement to vote by post or by proxy

3

(1) 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.

(2) 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.

(3) 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.

Application to vote by post or by proxy in the referendum

4

(1) Where a person applies to the registration officer to vote by post in the referendum, the registration officer must grant the application if—

(a) the officer is satisfied that the applicant is or will be registered in a relevant register, and

(b) the application contains the applicant's signature and date of birth and meets the requirements prescribed by the relevant regulations.

(2) Where a person applies to the registration officer to vote by proxy in the referendum, the registration officer must grant the application if—

(a) the officer is satisfied that the applicant's circumstances on the date of the poll will be or are likely to be such that the applicant cannot reasonably be expected to vote in person at the polling station allotted or likely to be allotted to the applicant under the referendum rules,

(b) the officer is satisfied that the applicant is or will be registered in a relevant register, and

(c) the application contains the applicant's signature and date of birth and meets the requirements prescribed by the relevant regulations.

(3) Where a person—

(a) has an anonymous entry in a relevant register, and

(b) applies to the registration officer to vote by proxy in the referendum,

the registration officer must grant the application if it meets the requirements prescribed by the relevant regulations.

(4) Nothing in sub-paragraph (1), (2) or (3) applies to—

(a) a person who is included in the record kept under paragraph 3 of Schedule 4 to the RPA 2000 (absent vote at elections for definite or indefinite period) in respect of parliamentary elections,

(b) a peer who is included in the record kept under paragraph 3 of Schedule 4 to the RPA 2000 (absent vote at elections for definite or indefinite period) in respect of local government elections, or

(c) a peer who is included in the record kept under paragraph 3 of Schedule 2 to the European Parliamentary Elections Regulations (absent vote at elections for definite or indefinite period).

(5) 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—

(a) for his or her ballot paper to be sent to a different address from that shown in the record, or

(b) to vote by proxy.

(6) The registration officer must grant an application under sub-paragraph (5) if—

(a) (in the case of any application) it meets the requirements prescribed by the relevant regulations, and

(b) (in the case of an application to vote by proxy) the registration officer is satisfied that the applicant's circumstances on the date of the poll will be or are likely to be such that the applicant cannot reasonably be expected to vote in person at the polling station allotted or likely to be allotted to the applicant under the referendum rules.

(7) 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—

(a) is unable to provide a signature because of any disability the applicant has,

(b) is unable to provide a signature because the applicant is unable to read or write, or

(8) The registration officer must keep a record of those whose applications under this paragraph have been granted, showing—

(a) their dates of birth, and

(b) except in cases where the registration officer in pursuance of sub-paragraph (7) has dispensed with the requirement to provide a signature, their signatures.

(9) 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.

Absent voters lists

5

(1) The registration officer must, for the purposes of the referendum, keep the two special lists mentioned in sub-paragraphs (2) and (3) respectively.

(2) 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, andis 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, andis 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, andis 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, andis 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.

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