Parliamentary Voting System and Constituencies Act 2011
- (3) 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, andis 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, andis 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, andis 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, andis 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. |
- (4) 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—
- (a) his or her electoral number, and
- (b) the period for which the anonymous entry has effect.
Proxies
6
- (1) 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.
- (2) The principal cannot have more than one person at a time appointed as proxy to vote for him or her in the referendum.
- (3) A person is capable of being appointed to vote as proxy only if—
- (a) the person is not subject to any legal incapacity (age apart) to vote in the referendum in his or her own right, and
- (b) the person is either a Commonwealth citizen or a citizen of the Republic of Ireland.
- (4) 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—
- (a) registered in a relevant register, and
- (b) entitled to vote by proxy in the referendum by virtue of an application under paragraph 4(2), (3) or (5)(b),
and that the proxy is capable of being, and willing to be, appointed.
- (5) 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.
- (6) 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.
7
- (1) 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”).
- (2) In sub-paragraph (1) “relevant proxy appointment” means—
- (a) in relation to a principal who is included in the list of proxies by virtue of entry 1 in the table in paragraph 5(3), an appointment under paragraph 6;
- (b) in relation to a principal who is included in the list of proxies by virtue of entry 2 in that table, the appointment of the person mentioned in column 3 of that entry;
- (c) in relation to a principal who is included in the list of proxies by virtue of entry 3 in that table, an appointment under paragraph 6 of Schedule 4 to the RPA 2000 for parliamentary elections;
- (d) in relation to a principal who is a peer included in the list of proxies by virtue of entry 4 in that table, an appointment under paragraph 6 of Schedule 4 to the RPA 2000 for local government elections;
- (e) in relation to a principal who is a peer included in the list of proxies by virtue of entry 5 in that table, an appointment under paragraph 6 of Schedule 2 to the European Parliamentary Elections Regulations.
- (3) A person is capable of voting as proxy in the referendum only if—
- (a) the person is not subject to any legal incapacity (age apart) to vote in the referendum in his or her own right, and
- (b) person is either a Commonwealth citizen or a citizen of the Republic of Ireland.
- (4) 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.
- (5) 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.
Voting as proxy
8
- (1) 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.
- (2) 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.
- (3) 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).
- (4) 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) the officer is satisfied that the principal is or will be registered in a relevant register,
- (b) the applicant is the subject of a relevant proxy appointment within the meaning of paragraph 7(2)(a), and
- (c) the application contains the applicant's signature and date of birth and meets the requirements prescribed by the relevant regulations.
- (5) A person who is the subject of a relevant proxy appointment within the meaning of paragraph 7(2) (b), (c) or (d) and who—
- (a) is 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) in respect of parliamentary elections,
- (b) is 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) in respect of local government elections, or
- (c) is included in the record kept under paragraph 7(6) of Schedule 2 to the European Parliamentary Elections Regulations (record of proxies who have applied to vote by post),
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.
- (6) 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, andis 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, andis 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, andis 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, andis 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. |
- (7) 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—
- (a) the person's electoral number, and
- (b) the period for which the anonymous entry has effect.
- (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.
- (9) 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—
- (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
- (c) is unable to sign in a consistent and distinctive way because of any such disability or inability.
- (10) The registration officer must also keep a record in relation to those whose applications under sub-paragraph (4) have been granted showing—
- (a) their dates of birth, and
- (b) except in cases where the registration officer in pursuance of sub-paragraph (9) has dispensed with the requirement to provide a signature, their signatures.
- (11) 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.
Use of personal identifier information
9
The registration officer must either—
- (a) provide the counting officer with a copy of the information contained in records kept by the registration officer in pursuance of—
- (i) 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,
- (ii) 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,
- (iii) 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,
- (iv) 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
- (v) paragraphs 4(8) and 8(10) above, or
- (b) give the counting officer access to such information.
10
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—
- (a) 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;
- (b) any person exercising functions in relation to the preparation or conduct of legal proceedings under this Act or the Representation of the People Acts.
Offences
11
- (1) A person who—
- (a) in any declaration or form used for any of the purposes of this Part of this Schedule, makes a statement knowing it to be false, or
- (b) attests an application under paragraph 4 knowing—
- (i) that he or she is not authorised to do so, or
- (ii) that it contains a statement which is false,
is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
- (2) 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.
- (3) 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.
PART 2 — Northern Ireland
Interpretation
12
In this Part of this Schedule—
- “European Parliamentary Elections (Northern Ireland) Regulations” means the European Parliamentary Elections (Northern Ireland) Regulations 2004 (S.I. 2004/1267);
- “Local Elections (Northern Ireland) Order” means the Local Elections (Northern Ireland) Order 1985 (S.I. 1985/454);
- “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 2008 regulations” means the Representation of the People (Northern Ireland) Regulations 2008 (S.I. 2008/1741) as applied by Schedule 4;
- “the 1985 Act” means the Representation of the People Act 1985.
Manner of voting in the referendum
13
- (1) This paragraph applies to determine the manner of voting in Northern Ireland 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) 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;
- (b) 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).
- (7) 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
14
- (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 16(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 16(3) as entitled to vote by proxy in the referendum.
Application to vote by post or by proxy in the referendum
15
- (1) 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—
- (a) the officer is satisfied that the applicant is or will be registered in a relevant register,
- (b) 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,
- (c) the application states the applicant's date of birth and the registration officer is satisfied that the date stated corresponds with the date supplied as the date of the applicant's birth in pursuance of section 10(4A)(b), 10A(1A)(b) or 13A(2A)(b) of the 1983 Act,
- (d) the application is signed and (unless section 10(4B), 10A(1B) or 13A(2B) of the 1983 Act applies) the registration officer is satisfied that the signature on the application corresponds with the signature supplied as the applicant's signature in pursuance of section 10(4A)(a), 10A(1A)(a) or 13A(2A)(a) of the 1983 Act,
- (e) the application either states the applicant's national insurance number or states that the applicant does not have one, and the registration officer is satisfied as mentioned in sub-paragraph (2) below, and
- (f) the application meets the requirements prescribed by the 2008 Regulations.
- (2) For the purposes of sub-paragraph (1)(e), the registration officer must be satisfied—
- (a) if the application states a national insurance number, that the requirements of sub-paragraph (3) are met, or
- (b) if the application states that the applicant does not have a national insurance number, that no such number was supplied as the applicant's national insurance number in pursuance of section 10(4A)(c)(i), 10A(1A)(c)(i) or 13A(2A)(c)(i) of the 1983 Act.
- (3) The requirements of this subsection are met if—
- (a) the number stated as mentioned in sub-paragraph (2)(a) is the same as the one supplied as the applicant's national insurance number in pursuance of section 10(4A)(c)(i), 10A(1A)(c)(i) or 13A(2A)(c)(i) of the 1983 Act, or
- (b) no national insurance number was supplied under any of those provisions, but the registration officer is not aware of any reason to doubt the authenticity of the application.
- (4) Nothing in sub-paragraph (1) applies to—
- (a) a person who is included in the record kept under section 6 of the 1985 Act (absent vote at parliamentary elections for indefinite period),
- (b) a peer who is included in the record kept under paragraph 1 of Schedule 2 to the Local Elections (Northern Ireland) Order (absent vote at local elections for indefinite period), or
- (c) a peer who is included in the record kept under regulation 8 of the European Parliamentary Elections (Northern Ireland) Regulations (absent vote at elections for 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 in the United Kingdom 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 it meets the requirements prescribed by the 2008 Regulations.
- (7) 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.
Absent voters lists
16
- (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 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, andis 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, 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 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, 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 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, 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 regulation 8 of the European Parliamentary Elections (Northern Ireland) Regulations or (as the case may be) paragraph 15(5)(a) above. |
- (3) 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, andis 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, andis 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, andis 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, andis 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. |
Proxies
17
- (1) 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.
- (2) The principal cannot have more than one person at a time appointed as proxy to vote for him or her in the referendum.
- (3) A person is capable of being appointed to vote as proxy only if—
- (a) the person is not subject to any legal incapacity (age apart) to vote in the referendum in his or her own right, and
- (b) the person is either a Commonwealth citizen or a citizen of the Republic of Ireland.
- (4) 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—
- (a) registered in a relevant register, and
- (b) entitled to vote by proxy in the referendum by virtue of an application under paragraph 15(1) or (5)(b),
and that the proxy is capable of being, and willing to be, appointed.
- (5) 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.
- (6) 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.
18
- (1) 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”).
- (2) In sub-paragraph (1) “relevant proxy appointment” means—
- (a) in relation to a principal who is included in the list of proxies by virtue of entry 1 in the table in paragraph 16(3), an appointment under paragraph 17;
- (b) in relation to a principal who is included in the list of proxies by virtue of entry 2 in that table, the appointment of the person mentioned in column 3 of that entry;
- (c) in relation to a principal who is included in the list of proxies by virtue of entry 3 in that table, an appointment under section 8 of the 1985 Act for parliamentary elections;
- (d) in relation to a principal who is a peer included in the list of proxies by virtue of entry 4 in that table, an appointment under paragraph 3 of Schedule 2 to the Local Elections (Northern Ireland) Order;
- (e) in relation to a principal who is a peer included in the list of proxies by virtue of entry 5 in that table, an appointment under regulation 10 of the European Parliamentary Elections (Northern Ireland) Regulations.
- (3) A person is capable of voting as proxy in the referendum only if—
- (a) the person is not subject to any legal incapacity (age apart) to vote in the referendum in his or her own right, and
- (b) the person is either a Commonwealth citizen or a citizen of the Republic of Ireland.
- (4) 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.
- (5) 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.
Voting as proxy
19
- (1) 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.
- (2) 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.
- (3) 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).
- (4) 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) the officer is satisfied that the principal is or will be registered in a relevant register,
- (b) the applicant is the subject of a relevant proxy appointment within the meaning of paragraph 18(2)(a),
- (c) either—
- (i) 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 principal under the referendum rules, or
- (ii) the applicant is, or the officer is satisfied that the applicant will be, included in the absent voters list for the referendum,
- (d) the application specifies an address in the United Kingdom as the address to which the ballot paper is to be sent, and
- (e) the application meets the requirements prescribed by the 2008 Regulations.
- (5) A person who is the subject of a relevant proxy appointment within the meaning of paragraph 18(2) (b), (c) or (d) and who—
- (a) is included in the record kept under section 9(6) of the 1985 Act (record of proxies who have applied to vote by post) in respect of parliamentary elections,
- (b) is included in the record kept under paragraph 4(5) of Schedule 2 to the Local Elections (Northern Ireland) Order (record of proxies who have applied to vote by post), or
- (c) is included in the record kept under regulation 11(5) of the European Parliamentary Elections (Northern Ireland) Regulations (record of proxies who have applied to vote by post),
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.
- (6) 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, andis 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, andis 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, andis 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, andis 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. |
- (7) 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.
Offences
20
- (1) A person who—
- (a) in any declaration or form used for any of the purposes of this Part of this Schedule, makes a statement knowing it to be false, or
- (b) attests an application under paragraph 15 knowing—
- (i) that he or she is not authorised to do so, or
- (ii) that it contains a statement which is false,
is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
- (2) A person who provides false information in connection with an application under paragraph 15(1) or 19(4) is guilty of an offence.
- (3) 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.
PART 3 — Form of proxy paper
SCHEDULE 4
PART 1 — Representation of the People Act 1983
1
- (1) The provisions of the 1983 Act listed in the first column of the table apply for the purposes of the referendum.
- (2) In their application by virtue of this paragraph, those provisions have effect—
- (a) with the modifications (if any) shown in the second column of the table, and
- (b) with any other necessary modifications, including in particular those set out in sub-paragraph (3).
- (3) Except where the context otherwise requires—
- (a) a reference to a provision that is applied by this Schedule has effect as a reference to that provision as so applied;
- (b) expressions are to be construed in accordance with the definitions in section 7 of this Act and rule 53 of the referendum rules.
- (4) 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.
2
- (1) 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.
- (2) In relation to Northern Ireland, section 13BA of the 1983 Act has effect for the purposes of the referendum as if—
- (a) a reference to an election to which that section applies included a reference to the referendum,
- (b) a reference to the final nomination day included a reference to the eleventh day before the date of the poll for the referendum,
- (c) a reference in subsection (4) to an election included a reference to the referendum, and
- (d) subsection (4)(b) referred also to the postal voters list or list of proxies kept for the referendum under paragraph 16(2) or (3) of Schedule 3.
- (3) 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.
- (4) 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.
3
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.
PART 2 — Other Acts
Political Parties, Elections and Referendums Act 2000
4
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. ”
5
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. ”
6
Section 128 of the 2000 Act (counting officers etc for referendums) applies for the purposes of the referendum as if—
- (a) subsections (3), (4), (8) and (9)(b) were omitted;
- (b) in subsection (5), for “the area for which he is appointed” there were substituted “ the voting area for which he acts ”;
- (c) in subsection (9), for paragraph (a) there were substituted—
(a) voting area” has the meaning given by section 7(2) of the Parliamentary Voting System and Constituencies Act 2011;
.
Electoral Administration Act 2006
7
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.
PART 3 — The 2001 Regulations (England and Wales) and 2001 Regulations (Scotland)
8
- (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—
- (a) the Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341) (referred to in this paragraph as “the England and Wales Regulations”), and
- (b) the Representation of the People (Scotland) Regulations 2001 (S.I. 2001/497) (referred to in this paragraph as “the Scotland Regulations”).
- (2) In their application by virtue of this paragraph, those provisions have effect—
- (a) with the modifications (if any) shown in the second column of the table, and
- (b) with any other necessary modifications, including in particular those set out in sub-paragraph (3).
- (3) Except where the context otherwise requires—
- (a) a reference to a provision that is applied by this Schedule has effect as a reference to that provision as so applied;
- (b) expressions are to be construed in accordance with the definitions listed in section 7 of this Act and rule 53 of the referendum rules.
- (4) 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).
- (5) 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).
- (6) In relation to the referendum—
- (a) regulation 45B(2) of the Scotland Regulations (restrictions on supply etc of record of anonymous entries) has effect as if after sub-paragraph (a) there were inserted—
(aa) a deputy of the registration officer acting in that other capacity;
and as if the references in sub-paragraph (b) to “that officer” were to “a person mentioned in sub-paragraph (a) or (aa)”;
- (b) regulation 94(2) of the England and Wales Regulations (restrictions on supply etc of full register) has effect as if after sub-paragraph (b) there were inserted—
(ba) the Chief Counting Officer and any Regional Counting Officer; (bb) any deputy of the Chief Counting Officer or any Regional Counting Officer;
and as if the references in sub-paragraph (c) to “any person mentioned in paragraph (a) or (b)” and “any such officer” were references to “a person mentioned in sub-paragraph (a), (b), (ba) or (bb)”;
- (c) regulation 94(2) of the Scotland Regulations (restrictions on supply etc of full register) has effect as if after sub-paragraph (a) there were inserted—
(aa) any deputy of the registration officer acting in that other capacity, (ab) the Chief Counting Officer and any Regional Counting Officer, (ac) any deputy of the Chief Counting Officer or any Regional Counting Officer,
and as if the references in sub-paragraph (b) to “that officer” were to “a person mentioned in sub-paragraph (a), (aa), (ab) or (ac)”.
- (7) 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.
PART 4 — The 2008 Regulations (Northern Ireland)
9
- (1) 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.
- (2) In their application by virtue of this paragraph, those provisions have effect—
- (a) with the modifications (if any) shown in the second column of the table, and
- (b) with any other necessary modifications, including in particular those set out in sub-paragraph (3).
- (3) Except where the context otherwise requires—
- (a) a reference to a provision that is applied by this Schedule has effect as a reference to that provision as so applied;
- (b) expressions are to be construed in accordance with the definitions listed in section 7 of this Act and rule 53 of the referendum rules.
- (4) 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—
(ba) the Chief Counting Officer; (bb) any deputy of the Chief Counting Officer;
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)”.
- (5) 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.
SCHEDULE 5
PART 1 — Provision about combination
General provisions
Interpretation
1
- (1) 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”.
- (2) The polls to be taken together are referred to in this Schedule as “combined polls”.
- (3) 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. |
2
In this Schedule—
- “counting agent” means a counting agent for the referendum or a counting agent for a relevant election (except where one or other is specified);
- “local authority” means—a county council in England;a district council;a London borough council;a parish council;
- “Local Elections (Combination of Polls) Rules” means the rules set out in Schedule 3 to the Local Elections (Principal Areas) (England and Wales) Rules 2006 (S.I. 2006/3304);
- “local referendum” means a referendum held in England under Part 2 of the Local Government Act 2000;
- “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);
- “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);
- “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).
Functions to be performed by counting officer
3
- (1) 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.
- (2) 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).
- (3) This paragraph applies instead of regulation 4 of those regulations so far as it relates to the functions of returning officers.
Attendance and conduct of observers
4
Section 6E of the 2000 Act has effect as if for subsection (4) there were substituted—
(4) A relevant officer is— (a) in the case of proceedings at a polling station, the presiding officer; (b) in the case of any other proceedings at the issue or receipt of postal ballot papers, the relevant returning or counting officer within the meaning of regulation 64 of the Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341); (c) in the case of any proceedings at the counting of votes, the counting or returning officer responsible for counting the votes under paragraph 44(1) or (3) of Schedule 5 to the Parliamentary Voting System and Constituencies Act 2011; (d) in the case of any proceedings not mentioned in paragraph (a), (b) or (c), the counting officer for the referendum on the voting system for United Kingdom parliamentary elections; (e) such other person as a person mentioned in paragraph (a), (b), (c) or (d) authorises for the purposes of the proceedings mentioned in that paragraph.
Cost of combined polls
5
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.
6
- (1) In section 36 of the 1983 Act (local authority elections), subsections (4), (5) and (6) apply—
- (a) as if a reference to a returning officer included a reference to a counting officer carrying out functions that, but for this Schedule, would be exercisable by a returning officer (“transferred functions”), and
- (b) as if, in relation to that counting officer, a reference to expenditure or expenses were to expenditure or expenses in respect of transferred functions.
- (2) 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).
Application of other provisions about combination of polls
7
- (1) The following regulations have effect as if a reference to “a relevant election or referendum” included a reference to the referendum under section 1.
- (2) The regulations are—
- (a) the Local Elections (Principal Areas) (England and Wales) Rules 2006;
- (b) the Local Elections (Parishes and Communities) (England and Wales) Rules 2006;
- (c) the Local Authorities (Conduct of Referendums) (England) Regulations 2007;
- (d) the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007.
- (3) 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.
- (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. |
Forms
8
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.
Action to be taken before poll
Corresponding number lists
9
- (1) 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.
- (2) 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—
- (a) rule 6 of the referendum rules;
- (b) rule 17 of the Local Elections (Combination of Polls) Rules;
- (c) rule 17 of the Parish Elections (Combination of Polls) Rules;
- (d) rule 8 of the Local Referendums (Combination of Polls) Rules;
- (e) rule 19 of the Mayoral Elections (Combination of Polls) Rules.
- (3) In that case, this paragraph applies instead of—
- (a) rule 6(2) of the referendum rules;
- (b) rule 17(2) of the Local Elections (Combination of Polls) Rules;
- (c) rule 17(2) of the Parish Elections (Combination of Polls) Rules;
- (d) rule 8(3) of the Local Referendums (Combination of Polls) Rules;
- (e) rule 19(2) of the Mayoral Elections (Combination of Polls) Rules.
10
- (1) 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.
- (2) 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—
- (a) rule 17(1) of the referendum rules;
- (b) rule 26(1) of the Local Elections (Combination of Polls) Rules;
- (c) rule 26(1) of the Parish Elections (Combination of Polls) Rules;
- (d) rule 17(1) of the Local Referendums (Combination of Polls) Rules;
- (e) rule 28 of the Mayoral Elections (Combination of Polls) Rules.
- (3) The list must be in the form set out in Form 1 in Part 3 of this Schedule.
- (4) 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) rule 6 of the referendum rules;
- (b) rule 17 of the Local Elections (Combination of Polls) Rules;
- (c) rule 17 of the Parish Elections (Combination of Polls) Rules;
- (d) rule 8 of the Local Referendums (Combination of Polls) Rules;
- (e) rule 19 of the Mayoral Elections (Combination of Polls) Rules.
- (5) 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.
Notice of poll
11
- (1) 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.
- (2) The timetables set out in the following provisions are to be read with whatever modifications are necessary to give effect to sub-paragraph (1)—
- (a) rule 1 of the Local Elections (Combination of Polls) Rules;
- (b) rule 1 of the Parish Elections (Combination of Polls) Rules;
- (c) rule 3 of the Local Referendums (Combination of Polls) Rules;
- (d) rule 3 the Mayoral Elections (Combination of Polls) Rules.
- (3) Sub-paragraph (1) applies instead of rule 12(2) of the Local Referendums (Combination of Polls) Rules.
Notice of polling stations
12
The notice given under rule 11(3) of the referendum rules must—
- (a) state that the poll for the referendum is to be taken together with the poll for each relevant election,
- (b) specify the local authority for which each relevant election is to be held, and
- (c) where any of the polls are to be taken together in part only of a voting area for the referendum, specify that part.
Postal voting statements
13
- (1) 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.
- (2) 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.
- (3) 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.
- (4) The provisions are—
- (a) rule 12(1)(b) of the referendum rules;
- (b) rule 22(1) of the Local Elections (Combination of Polls) Rules;
- (c) rule 22(1) of the Parish Elections (Combination of Polls) Rules;
- (d) rule 13(1) of the Local Referendums (Combination of Polls) Rules;
- (e) rule 24(1) of the Mayoral Elections (Combination of Polls) Rules.
14
- (1) 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.
- (2) 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.
- (3) 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.
Colour of ballot papers
15
The ballot papers used for the referendum must be of a different colour from the ballot papers used for any relevant election.
Polling stations
16
- (1) The referendum polling stations are to be used for the combined polls.
- (2) This paragraph applies instead of—
- (a) regulation 4 of the Representation of the People (Combination of Polls) (England and Wales) Regulations 2004 so far as it relates to polling stations;
- (b) rule 14(2) of the Local Referendums (Combination of Polls) Rules.
Official poll cards
17
- (1) If the counting officer thinks fit, the official poll cards used for the referendum and for the relevant elections may be combined.
- (2) 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.
- (3) In sub-paragraph (1) “relevant election” does not include the election of a councillor of a parish council.
- (4) This paragraph applies instead of—
- (a) rule 25(6) of the Local Elections (Combination of Polls) Rules;
- (b) rule 16(6) of the Local Referendums (Combination of Polls) Rules;
- (c) rule 27(6) of the Mayoral Elections (Combination of Polls) Rules.
Ballot boxes
18
- (1) If the counting officer thinks fit, the same ballot box may be used at the polls for the referendum and the relevant elections.
- (2) Where separate ballot boxes are used, each must be clearly marked to show—
- (a) the poll to which it relates, and
- (b) the colour of ballot papers that should be placed in it.
- (3) This paragraph applies instead of—
- (a) rule 26(2) and (7) of the Local Elections (Combination of Polls) Rules;
- (b) rule 26(2) and (7) of the Parish Elections (Combination of Polls) Rules;
- (c) rule 17(2) and (7) of the Local Referendums (Combination of Polls) Rules;
- (d) rule 28(2) and (7) of the Mayoral Elections (Combination of Polls) Rules.
Form of corresponding number lists provided to polling stations
19
- (1) 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—
- (a) rule 17(3)(d) of the referendum rules;
- (b) rule 26(4)(d) of the Local Elections (Combination of Polls) Rules;
- (c) rule 26(4)(d) of the Parish Elections (Combination of Polls) Rules;
- (d) rule 17(4)(d) of the Local Referendums (Combination of Polls) Rules;
- (e) rule 28(4)(d) of the Mayoral Elections (Combination of Polls) Rules.
- (2) In that case, this paragraph applies instead of the second sentence in rule 17(3) of the referendum rules.
Ballot paper displayed in polling stations
20
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.
Guidance to be exhibited inside and outside polling stations
21
- (1) 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.
- (2) This paragraph applies instead of—
- (a) rule 17(6) of the referendum rules;
- (b) rule 26(8) of the Local Elections (Combination of Polls) Rules;
- (c) rule 26(8) of the Parish Elections (Combination of Polls) Rules;
- (d) rule 17(8) of the Local Referendums (Combination of Polls) Rules;
- (e) rule 28(8) of the Mayoral Elections (Combination of Polls) Rules.
Guidance to be exhibited in each polling station compartment
22
- (1) 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.
- (2) This paragraph applies instead of—
- (a) rule 17(7) of the referendum rules;
- (b) rule 26(10) of the Local Elections (Combination of Polls) Rules;
- (c) rule 26(10) of the Parish Elections (Combination of Polls) Rules;
- (d) rule 17(10) of the Local Referendums (Combination of Polls) Rules;
- (e) rule 28(10) of the Mayoral Elections (Combination of Polls) Rules.
Notice of appointment of polling and counting agents
23
- (1) 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—
- (a) rule 27(5), (7) or (8) of the Local Elections (Combination of Polls) Rules;
- (b) rule 27(5) or (7) of the Parish Elections (Combination of Polls) Rules;
- (c) rule 29(7), (9) or (10) of the Mayoral Elections (Combination of Polls) Rules.
- (2) This paragraph applies instead of—
- (a) rule 27(6) of the Local Elections (Combination of Polls) Rules;
- (b) rule 27(6) of the Parish Elections (Combination of Polls) Rules;
- (c) rule 29(8) of the Mayoral Elections (Combination of Polls) Rules.
The poll
Admission to the polling station
24
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.
Voting by persons on duty on day of poll
25
- (1) 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.
- (2) 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.
- (3) Sub-paragraph (2) applies instead of rule 21(4)(b) of the referendum rules.
Questions put to voters: local referendums
26
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 ”.
Voting procedure: copies of registers and absent voters lists
27
- (1) 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—
- (a) rule 28(2) of the referendum rules;
- (b) rule 35(1) of the Local Elections (Combination of Polls) Rules;
- (c) rule 35(1) of the Parish Elections (Combination of Polls) Rules;
- (d) rule 28(1) of the Local Referendums (Combination of Polls) Rules;
- (e) rule 37(1) of the Mayoral Elections (Combination of Polls) Rules.
- (2) Sub-paragraphs (3) and (4) apply where the same copy of the register is used as mentioned in sub-paragraph (1).
- (3) 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—
- (a) rule 28(2)(c) of the referendum rules,
- (b) rule 35(1)(c) of the Local Elections (Combination of Polls) Rules,
- (c) rule 35(1)(c) of the Parish Elections (Combination of Polls) Rules,
- (d) rule 28(1)(c) of the Local Referendums (Combination of Polls) Rules, and
- (e) rule 37(1)(c) of the Mayoral Elections (Combination of Polls) Rules.
- (4) 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.
- (5) 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—
- (a) references in this paragraph to the copy of the register of electors are to be read as references to the copy of the notice;
- (b) references to a mark being placed in the register of electors are to be read as references to a mark being made on the copy of the notice.
- (6) This paragraph applies instead of—
- (a) rule 35(6) of the Local Elections (Combination of Polls) Rules;
- (b) rule 35(6) of the Parish Elections (Combination of Polls) Rules;
- (c) rule 28(6) of the Local Referendums (Combination of Polls) Rules;
- (d) rule 37(6) of the Mayoral Elections (Combination of Polls) Rules.
28
- (1) 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.
- (2) The following provisions apply where the lists are combined and a person applies for a ballot paper as proxy.
- (3) Immediately before delivery of the ballot paper the list of proxies must be marked in a way that identifies—
- (a) the proxy,
- (b) the elector for whom the proxy is applying for the ballot paper, and
- (c) the referendum or relevant election to which the ballot paper relates.
- (4) Sub-paragraph (3) applies instead of—
- (a) rule 28(2)(d) of the referendum rules;
- (b) rule 35(1)(d) of the Local Elections (Combination of Polls) Rules;
- (c) rule 35(1)(d) of the Parish Elections (Combination of Polls) Rules;
- (d) rule 28(1)(d) of the Local Referendums (Combination of Polls) Rules;
- (e) rule 37(1)(d) of the Mayoral Elections (Combination of Polls) Rules.
29
- (1) 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.
- (2) 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.
List of votes marked by presiding officer
30
- (1) 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.
- (2) Where a person's entry in that list does not relate to the referendum and each relevant election the entry must—
- (a) indicate whether it relates to the referendum, and
- (b) identify any relevant election to which it relates.
- (3) In this paragraph “list of votes marked by the presiding officer” means a list compiled under—
- (a) rule 30(4) of the referendum rules,
- (b) rule 36(2) of the Local Elections (Combination of Polls) Rules,
- (c) rule 36(2) of the Parish Elections (Combination of Polls) Rules,
- (d) rule 29(2) of the Local Referendums (Combination of Polls) Rules, or
- (e) rule 38(2) of the Mayoral Elections (Combination of Polls) Rules.
- (4) This paragraph applies instead of—
- (a) rule 36(4) of the Local Elections (Combination of Polls) Rules;
- (b) rule 36(4) of the Parish Elections (Combination of Polls) Rules;
- (c) rule 29(4) of the Local Referendums (Combination of Polls) Rules;
- (d) rule 38(5) of the Mayoral Elections (Combination of Polls) Rules.
Declaration to be made by the companion of a voter with disabilities
31
- (1) 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.
- (2) In this paragraph “declaration made by the companion of a voter with disabilities” means a declaration made by a companion under—
- (a) rule 31 of the referendum rules,
- (b) rule 37 of the Local Elections (Combination of Polls) Rules,
- (c) rule 37 of the Parish Elections (Combination of Polls) Rules,
- (d) rule 30 of the Local Referendums (Combination of Polls) Rules, or
- (e) rule 39 of the Mayoral Elections (Combination of Polls) Rules.
- (3) This paragraph applies instead of—
- (a) rule 31(5)(a) of the referendum rules;
- (b) rule 37(7)(a) of the Local Elections (Combination of Polls) Rules;
- (c) rule 37(7)(a) of the Parish Elections (Combination of Polls) Rules;
- (d) rule 30(7)(a) of the Local Referendums (Combination of Polls) Rules;
- (e) rule 39(8)(a) of the Mayoral Elections (Combination of Polls) Rules.
List of voters with disabilities assisted by companions
32
- (1) 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.
- (2) Where a person's entry in that list does not relate to the referendum and each relevant election the entry must—
- (a) indicate whether it relates to the referendum, and
- (b) identify any relevant election to which it relates.
- (3) In this paragraph “list of voters with disabilities assisted by companions” means a list compiled under—
- (a) rule 31(8) of the referendum rules,
- (b) rule 37(4) of the Local Elections (Combination of Polls) Rules,
- (c) rule 37(4) of the Parish Elections (Combination of Polls) Rules,
- (d) rule 30(4) of the Local Referendums (Combination of Polls) Rules, or
- (e) rule 39(4) of the Mayoral Elections (Combination of Polls) Rules.
- (4) This paragraph applies instead of—
- (a) rule 37(6) of the Local Elections (Combination of Polls) Rules;
- (b) rule 37(6) of the Parish Elections (Combination of Polls) Rules;
- (c) rule 30(6) of the Local Referendums (Combination of Polls) Rules;
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