LegalizeReform history
Parliamentary Voting System and Constituencies Act 2011
8 versions
· 2011-02-16
2024-08-24
Parliamentary Voting System and Constituencies Act 2011
2020-12-14
Parliamentary Voting System and Constituencies Act 2011
2020-05-31
Parliamentary Voting System and Constituencies Act 2011
2016-11-09
Parliamentary Voting System and Constituencies Act 2011
2015-06-22
Parliamentary Voting System and Constituencies Act 2011
2013-04-23
Parliamentary Voting System and Constituencies Act 2011
2011-07-08
Parliamentary Voting System and Constituencies Act 2011
Changes on 2011-07-08
@@ -12,21 +12,21 @@
- (2) The referendum must be held before 31 October 2011.
- (3) The referendum is to be held on 5 May 2011 unless before then an order is made under subsection [(4)](https://www.legislation.gov.uk/ukpga/2011/1/section/1/4/enacted).
- (3) The referendum is to be held on 5 May 2011 unless before then an order is made under subsection (4).
- (4) If the Minister is satisfied that it is impossible or impracticable for the referendum to be held on 5 May 2011, or that it cannot be conducted properly if held on that day, the Minister may by order appoint a later day as the day on which the referendum is to be held.
- (5) Where a day is appointed under subsection [(4)](https://www.legislation.gov.uk/ukpga/2011/1/section/1/4/enacted), the Minister may by order make supplemental or consequential provision, including provision modifying or amending this Act or another enactment (and, in particular, provision modifying or amending this Act as regards the meaning of “voting area” or “counting officer”).
- (5) Where a day is appointed under subsection (4), the Minister may by order make supplemental or consequential provision, including provision modifying or amending this Act or another enactment (and, in particular, provision modifying or amending this Act as regards the meaning of “voting area” or “counting officer”).
- (6) An order under this section may not be made unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.
- (7) The question that is to appear on the ballot papers is—
*At present, the UK uses the “first past the post” system to elect MPs to the House of Commons. Should the “alternative vote” system be used instead?*
> *At present, the UK uses the “first past the post” system to elect MPs to the House of Commons. Should the “alternative vote” system be used instead?*
- (8) In Wales, the following Welsh version of the question is also to appear on the ballot papers—
*Ar hyn o bryd, mae’r DU yn defnyddio’r system “y cyntaf i’r felin” i ethol ASau i Dŷ’r Cyffredin. A ddylid defnyddio’r system “pleidlais amgen” yn lle hynny?*
> *Ar hyn o bryd, mae'r DU yn defnyddio'r system “y cyntaf i'r felin” i ethol ASau i Dŷ'r Cyffredin. A ddylid defnyddio'r system “pleidlais amgen” yn lle hynny?*
- (9) Schedule 1 has effect in relation to the referendum.
@@ -46,15 +46,15 @@
- (iii) would be entitled to vote as electors at a European Parliamentary election in any electoral region by virtue of section 3 of the Representation of the People Act 1985 (peers resident outside the United Kingdom).
- (2) In subsection [(1)(b)(i)](https://www.legislation.gov.uk/ukpga/2011/1/section/2/1/b/i/enacted) “local government election” includes a municipal election in the City of London (that is, an election to the office of mayor, alderman, common councilman or sheriff and also the election of any officer elected by the mayor, aldermen and liverymen in common hall).
- (2) In subsection (1)(b)(i) “*local government election*” includes a municipal election in the City of London (that is, an election to the office of mayor, alderman, common councilman or sheriff and also the election of any officer elected by the mayor, aldermen and liverymen in common hall).
#### Conduct of the referendum
##### 3
- (1) The referendum is to be conducted in accordance with the rules set out in Part [1](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/part/1/enacted) of Schedule 2.
- (2) Part [2](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/part/2/enacted) of that Schedule (forms and directions) has effect for the purposes of those rules.
- (1) The referendum is to be conducted in accordance with the rules set out in Part 1 of Schedule 2.
- (2) Part 2 of that Schedule (forms and directions) has effect for the purposes of those rules.
- (3) Schedule 3 (absent voting in the referendum) has effect.
@@ -88,41 +88,41 @@
- (5) The following have effect—
- Schedule 5, in relation to the polls to be taken together in England under subsection [(1)](https://www.legislation.gov.uk/ukpga/2011/1/section/4/1/enacted);
- Schedule 6, in relation to the polls to be taken together in Wales under subsection [(2)](https://www.legislation.gov.uk/ukpga/2011/1/section/4/2/enacted);
- Schedule 7, in relation to the polls to be taken together in Scotland under subsection [(3)](https://www.legislation.gov.uk/ukpga/2011/1/section/4/3/enacted);
- Schedule 8, in relation to the polls to be taken together in Northern Ireland under subsection [(4)](https://www.legislation.gov.uk/ukpga/2011/1/section/4/4/enacted).
- Schedule 5, in relation to the polls to be taken together in England under subsection (1);
- Schedule 6, in relation to the polls to be taken together in Wales under subsection (2);
- Schedule 7, in relation to the polls to be taken together in Scotland under subsection (3);
- Schedule 8, in relation to the polls to be taken together in Northern Ireland under subsection (4).
- (6) Polls taken together under this section must not be taken together with any other polls (despite provision in any enactment to the contrary).
- (7) Section 16 of the Representation of the People Act 1985 (postponement of poll at parish elections etc) does not apply to any polls taken together under subsection [(1)](https://www.legislation.gov.uk/ukpga/2011/1/section/4/1/enacted).
- (8) If any of the elections referred to in subsections [(2)](https://www.legislation.gov.uk/ukpga/2011/1/section/4/2/enacted) to [(4)](https://www.legislation.gov.uk/ukpga/2011/1/section/4/4/enacted) are not held on the same day as the referendum, this Part has effect with any necessary adaptations and in particular—
- (a) if the Welsh Assembly general election in 2011 is not held on that day, subsection [(2)](https://www.legislation.gov.uk/ukpga/2011/1/section/4/2/enacted) and Schedule 6 do not apply (and Part [3](https://www.legislation.gov.uk/ukpga/2011/1/schedule/4/part/3/enacted) of Schedule 4 applies with the necessary adaptations);
- (b) if the Scottish parliamentary general election in 2011 is not held on that day, subsection [(3)](https://www.legislation.gov.uk/ukpga/2011/1/section/4/3/enacted) and Schedule 7 do not apply (and Part [3](https://www.legislation.gov.uk/ukpga/2011/1/schedule/4/part/3/enacted) of Schedule 4 applies with the necessary adaptations);
- (c) if any of the elections referred to in subsection [(4)](https://www.legislation.gov.uk/ukpga/2011/1/section/4/4/enacted) are not held on that day, that subsection and Schedule 8 either do not apply or apply only in relation to the elections that are held on that day.
- (9) Where a day is appointed by an order under section 1[(4)](https://www.legislation.gov.uk/ukpga/2011/1/section/1/4/enacted)—
- (a) if that day is the same as the date of a poll mentioned in subsection [(1)](https://www.legislation.gov.uk/ukpga/2011/1/section/4/1/enacted), the Minister may by order make provision disapplying that subsection or any of paragraphs [(a)](https://www.legislation.gov.uk/ukpga/2011/1/section/4/1/a/enacted) to [(c)](https://www.legislation.gov.uk/ukpga/2011/1/section/4/1/c/enacted) of it;
- (b) if that day is the same as the date of a poll mentioned in subsection [(2)](https://www.legislation.gov.uk/ukpga/2011/1/section/4/2/enacted) or [(3)](https://www.legislation.gov.uk/ukpga/2011/1/section/4/3/enacted), the Minister may by order make provision disapplying the subsection in question;
- (c) if that day is the same as the date of a poll mentioned in subsection [(4)](https://www.legislation.gov.uk/ukpga/2011/1/section/4/4/enacted), the Minister may by order make provision disapplying that subsection or either of paragraphs [(b)](https://www.legislation.gov.uk/ukpga/2011/1/section/4/4/b/enacted) and [(c)](https://www.legislation.gov.uk/ukpga/2011/1/section/4/4/c/enacted) of it.
- (10) Where a day is appointed by an order under section 1[(4)](https://www.legislation.gov.uk/ukpga/2011/1/section/1/4/enacted), and that day is the same as the date of a poll not mentioned in subsections [(1)](https://www.legislation.gov.uk/ukpga/2011/1/section/4/1/enacted) to [(4)](https://www.legislation.gov.uk/ukpga/2011/1/section/4/4/enacted), the Minister may by order—
- (7) Section 16 of the Representation of the People Act 1985 (postponement of poll at parish elections etc) does not apply to any polls taken together under subsection (1).
- (8) If any of the elections referred to in subsections (2) to (4) are not held on the same day as the referendum, this Part has effect with any necessary adaptations and in particular—
- (a) if the Welsh Assembly general election in 2011 is not held on that day, subsection (2) and Schedule 6 do not apply (and Part 3 of Schedule 4 applies with the necessary adaptations);
- (b) if the Scottish parliamentary general election in 2011 is not held on that day, subsection (3) and Schedule 7 do not apply (and Part 3 of Schedule 4 applies with the necessary adaptations);
- (c) if any of the elections referred to in subsection (4) are not held on that day, that subsection and Schedule 8 either do not apply or apply only in relation to the elections that are held on that day.
- (9) Where a day is appointed by an order under section 1(4)—
- (a) if that day is the same as the date of a poll mentioned in subsection (1), the Minister may by order make provision disapplying that subsection or any of paragraphs (a) to (c) of it;
- (b) if that day is the same as the date of a poll mentioned in subsection (2) or (3), the Minister may by order make provision disapplying the subsection in question;
- (c) if that day is the same as the date of a poll mentioned in subsection (4), the Minister may by order make provision disapplying that subsection or either of paragraphs (b) and (c) of it.
- (10) Where a day is appointed by an order under section 1(4), and that day is the same as the date of a poll not mentioned in subsections (1) to (4), the Minister may by order—
- (a) provide that the polls are to be taken together, and
- (b) make provision for and in connection with the combination of the polls.
- (11) An order containing provision made under subsection [(9)](https://www.legislation.gov.uk/ukpga/2011/1/section/4/9/enacted) or [(10)](https://www.legislation.gov.uk/ukpga/2011/1/section/4/10/enacted)—
- (11) An order containing provision made under subsection (9) or (10)—
- (a) may make supplemental or consequential provision, including provision modifying or amending this Act or another enactment (and, in particular, provision modifying or amending this Act as regards the meaning of “voting area” or “counting officer”);
@@ -130,17 +130,17 @@
- (12) In this section—
- “local authority election in England” means the election of a councillor of any of the following— a county council in England; a district council in England; a London borough council; a parish council;
- “local referendum in England” means a referendum held in England under Part 2 of the Local Government Act 2000;
- “mayoral election in England” means an election in England for the return of an elected mayor as defined by section 39(1) of the Local Government Act 2000;
- “Northern Ireland local election” means a local election as defined by section 130(1) of the Electoral Law Act (Northern Ireland) 1962;
- “Scottish parliamentary general election” means an ordinary election under section 2 of the Scotland Act 1998;
- “Welsh Assembly general election” means an ordinary election under section 3 of the Government of Wales Act 2006.
- “*local authority election in England*” means the election of a councillor of any of the following—a county council in England;a district council in England;a London borough council;a parish council;
- “*local referendum in England*” means a referendum held in England under Part 2 of the Local Government Act 2000;
- “*mayoral election in England*” means an election in England for the return of an elected mayor as defined by section 39(1) of the Local Government Act 2000;
- “*Northern Ireland local election*” means a local election as defined by section 130(1) of the Electoral Law Act (Northern Ireland) 1962;
- “*Scottish parliamentary general election*” means an ordinary election under section 2 of the Scotland Act 1998;
- “*Welsh Assembly general election*” means an ordinary election under section 3 of the Government of Wales Act 2006.
#### Press comment etc not subject to spending controls
@@ -154,7 +154,7 @@
- (c) a programme included in any service licensed under Part 1 or 3 of the Broadcasting Act 1990 or Part 1 or 2 of the Broadcasting Act 1996,
are not “referendum expenses” for the purposes of Part 7 of the 2000 Act.
are not “*referendum expenses*” for the purposes of Part 7 of the 2000 Act.
#### Control of loans etc to permitted participants
@@ -162,7 +162,7 @@
- (1) The 2000 Act has effect in relation to the referendum as if the Schedule set out in Schedule 9 to this Act were inserted in that Act as Schedule 15A.
- (2) Section 120 of the 2000 Act (returns as to referendum expenses) has effect in relation to the referendum as if at the end of subsection (2)(d) there were inserted “and a statement of regulated transactions entered into in respect of the referendum which complies with the requirements of paragraphs [11](#p00580) to [15](#p00584) of Schedule 15A”.
- (2) Section 120 of the 2000 Act (returns as to referendum expenses) has effect in relation to the referendum as if at the end of subsection (2)(d) there were inserted “ and a statement of regulated transactions entered into in respect of the referendum which complies with the requirements of paragraphs 11 to 15 of Schedule 15A ”.
- (3) Section 123 of the 2000 Act (declaration of responsible person as to return under section 120) has effect in relation to the referendum as if for subsection (3) there were substituted—
@@ -171,14 +171,14 @@
> (i) state that they were all from permissible donors, or
> (ii) state whether or not section 56(2) was complied with in the case of each of those donations that was not from a permissible donor;
> (b) in relation to all regulated transactions recorded in the return as having been entered into by the permitted participant—
> (i) state that none of the transactions was made void by paragraph [5(2)](#p00548) or (6) or 6(3) of Schedule 15A, or
> (ii) state whether or not paragraph [5(3)(a)](#p00550) of that Schedule was complied with in the case of each of the transactions that was made void by paragraph [5(2)](#p00548) or (6) of that Schedule.
> (i) state that none of the transactions was made void by paragraph 5(2) or (6) or 6(3) of Schedule 15A, or
> (ii) state whether or not paragraph 5(3)(a) of that Schedule was complied with in the case of each of the transactions that was made void by paragraph 5(2) or (6) of that Schedule.
- (4) Section 124 of the 2000 Act (public inspection of returns under section 120) has effect in relation to the referendum as if for subsection (2) there were substituted—
> (2) If the return contains a statement of relevant donations or a statement of regulated transactions in accordance with section 120(2)(d), the Commission shall secure that the copy of the statement made available for public inspection does not include—
> (a) in the case of any donation by an individual, the donor’s address;
> (b) in the case of a transaction entered into by the permitted participant with an individual, the individual’s address.
> (a) in the case of any donation by an individual, the donor's address;
> (b) in the case of a transaction entered into by the permitted participant with an individual, the individual's address.
- (5) Schedule 15 to the 2000 Act (control of donations to permitted participants) has effect in relation to the referendum as if—
@@ -187,13 +187,13 @@
- (b) for paragraph (b) of paragraph 10(2) there were substituted—
> (b) the value of it and any other relevant benefit or benefits is more than that amount.
> In paragraph (b) “relevant benefit” means any relevant donation or regulated transaction (within the meaning of Schedule 15A) made by, or entered into with, the person who made the donation.”
- (6) Schedule 19C to the 2000 Act (civil sanctions), and any order under Part 5 of that Schedule, have effect as if offences under paragraph [8(1)](#p00562) to [(12)](#p00576) of the Schedule set out in Schedule 9 to this Act were offences prescribed in an order under that Part.
- (7) Paragraphs [4](#p00545), [5](#p00547), [6](#p00554) and [8](#p00561) of the Schedule set out in Schedule 9 do not apply to regulated transactions (within the meaning of that Schedule) entered into before the commencement of this section; but otherwise the provisions of this section (and that Schedule) apply to such transactions entered into before as well as after that commencement.
- (8) Paragraph [7](#p00560) of that Schedule applies only to a purported transfer made on or after the commencement of this section.
> In paragraph (b) “*relevant benefit*” means any relevant donation or regulated transaction (within the meaning of Schedule 15A) made by, or entered into with, the person who made the donation.”
- (6) Schedule 19C to the 2000 Act (civil sanctions), and any order under Part 5 of that Schedule, have effect as if offences under paragraph 8(1) to (12) of the Schedule set out in Schedule 9 to this Act were offences prescribed in an order under that Part.
- (7) Paragraphs 4, 5, 6 and 8 of the Schedule set out in Schedule 9 do not apply to regulated transactions (within the meaning of that Schedule) entered into before the commencement of this section; but otherwise the provisions of this section (and that Schedule) apply to such transactions entered into before as well as after that commencement.
- (8) Paragraph 7 of that Schedule applies only to a purported transfer made on or after the commencement of this section.
#### Interpretation
@@ -201,31 +201,31 @@
- (1) In this Part—
- “the 1983 Act” means the Representation of the People Act 1983;
- “the 2000 Act” means the Political Parties, Elections and Referendums Act 2000;
- “Chief Counting Officer” means the Chief Counting Officer for the referendum (see section 128(2) of the 2000 Act);
- “counting officer” has the meaning given by paragraph [2](https://www.legislation.gov.uk/ukpga/2011/1/schedule/1/paragraph/2/enacted) of Schedule 1;
- “enactment” includes— any provision of an Act, any provision of, or of any instrument made under, an Act of the Scottish Parliament, any provision of, or of any instrument made under, Northern Ireland legislation, and any provision of subordinate legislation (within the meaning of the Interpretation Act 1978);
- “the Minister” means the Lord President of the Council or the Secretary of State;
- “permitted participant” has the same meaning as in Part 7 of the 2000 Act (see section 105(1) of that Act);
- “the referendum” means the referendum under section 1;
- “referendum rules” means the rules in Part [1](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/part/1/enacted) of Schedule 2;
- “Regional Counting Officer” means an officer appointed under paragraph [3(1)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/1/paragraph/3/1/enacted) of Schedule 1;
- “registration officer” has the meaning given in section 8 of the 1983 Act;
- “responsible person” has the same meaning as in Part 7 of the 2000 Act (see section 105(2) of that Act).
- (2) Each of the following, as it exists on the day of the referendum, is a “voting area” for the purposes of this Part—
- “*the 1983 Act*” means the Representation of the People Act 1983;
- “*the 2000 Act*” means the Political Parties, Elections and Referendums Act 2000;
- “*Chief Counting Officer*” means the Chief Counting Officer for the referendum (see section 128(2) of the 2000 Act);
- “*counting officer*” has the meaning given by paragraph 2 of Schedule 1;
- “*enactment*” includes—any provision of an Act,any provision of, or of any instrument made under, an Act of the Scottish Parliament,any provision of, or of any instrument made under, Northern Ireland legislation, andany provision of subordinate legislation (within the meaning of the Interpretation Act 1978);
- “*the Minister*” means the Lord President of the Council or the Secretary of State;
- “*permitted participant*” has the same meaning as in Part 7 of the 2000 Act (see section 105(1) of that Act);
- “*the referendum*” means the referendum under section 1;
- “*referendum rules*” means the rules in Part 1 of Schedule 2;
- “*Regional Counting Officer*” means an officer appointed under paragraph 3(1) of Schedule 1;
- “*registration officer*” has the meaning given in section 8 of the 1983 Act;
- “*responsible person*” has the same meaning as in Part 7 of the 2000 Act (see section 105(2) of that Act).
- (2) Each of the following, as it exists on the day of the referendum, is a “*voting area*” for the purposes of this Part—
- (a) a district in England for which there is a district council;
@@ -249,17 +249,17 @@
##### 8
- (1) The Minister must make an order bringing into force section 9, Schedule 10 and Part [1](https://www.legislation.gov.uk/ukpga/2011/1/schedule/12/part/1/enacted) of Schedule 12 (“the alternative vote provisions”) if—
- (1) The Minister must make an order bringing into force section 9, Schedule 10 and Part 1 of Schedule 12 (“*the alternative vote provisions*”) if—
- (a) more votes are cast in the referendum in favour of the answer “Yes” than in favour of the answer “No”, and
- (b) the draft of an Order in Council laid before Parliament under subsection (5A) of section 3 of the Parliamentary Constituencies Act 1986 (substituted by section 10[(6)](https://www.legislation.gov.uk/ukpga/2011/1/section/10/6/enacted) below) has been submitted to Her Majesty in Council under section 4 of that Act.
- (b) the draft of an Order in Council laid before Parliament under subsection (5A) of section 3 of the Parliamentary Constituencies Act 1986 (substituted by section 10(6) below) has been submitted to Her Majesty in Council under section 4 of that Act.
- (2) If more votes are not cast in the referendum in favour of the answer “Yes” than in favour of the answer “No”, the Minister must make an order repealing the alternative vote provisions.
- (3) An order under subsection [(1)](https://www.legislation.gov.uk/ukpga/2011/1/section/8/1/enacted)—
- (a) must bring the alternative vote provisions into force on the same day as the coming into force of the Order in Council in terms of the draft referred to in paragraph [(b)](https://www.legislation.gov.uk/ukpga/2011/1/section/8/1/b/enacted) of that subsection, but
- (3) An order under subsection (1)—
- (a) must bring the alternative vote provisions into force on the same day as the coming into force of the Order in Council in terms of the draft referred to in paragraph (b) of that subsection, but
- (b) does not affect any election held before the first parliamentary general election following that day.
@@ -267,46 +267,7 @@
##### 9
- (1) In Schedule 1 to the 1983 Act (parliamentary elections rules), after rule 37 there is inserted—
> (37A)
> (1) A voter votes by marking the ballot paper with—
> (a) the number 1 opposite the name of the candidate who is the voter’s first preference (or, as the case may be, the only candidate for whom the voter wishes to vote),
> (b) if the voter wishes, the number 2 opposite the name of the candidate who is the voter’s second preference,
> and so on.
> (2) The voter may mark as many preferences (up to the number of candidates) as the voter wishes.
- (2) After rule 45 in that Schedule there is inserted—
> (45A)
> (1) This rule sets out how votes are to be counted, in one or more stages of counting, in order to give effect to the preferences marked by voters on their ballot papers and so to determine which candidate is elected.
> (2) Votes shall be allocated to candidates in accordance with voters’ first preferences and, if one candidate has more votes than the other candidates put together, that candidate is elected.
> (3) If not, the candidate with the fewest votes is eliminated and that candidate’s votes shall be dealt with as follows—
> (a) each vote cast by a voter who also ranked one or more of the remaining candidates shall be reallocated to that remaining candidate or (as the case may be) to the one that the voter ranked highest;
> (b) any votes not reallocated shall play no further part in the counting.
> (4) If after that stage of counting one candidate has more votes than the other remaining candidates put together, that candidate is elected.
> (5) If not, the process mentioned in paragraph [(3)](#p00066) above shall be repeated as many times as necessary until one candidate has more votes than the other remaining candidates put together, and so is elected.
> (45B)
> (1) If no candidate is elected (as mentioned in rule [45A(2)](#p00065)) at the first stage of counting, the returning officer shall, immediately after that stage, record and make publicly available the following information—
> (a) the number of first-preference votes obtained by each candidate;
> (b) which candidate was eliminated;
> (c) the number of rejected ballot papers.
> (2) Immediately after each subsequent stage of counting, except the final stage (on completion of which the requirements in rule 50 apply), the returning officer shall record and make publicly available the following information—
> (a) the number of votes obtained by each candidate at that stage (including any reallocated in accordance with rule [45A](#p00064));
> (b) which candidate was eliminated at that stage;
> (c) the number of votes of the candidate eliminated at the previous stage that were not reallocated.
- (3) Schedule 10 makes further amendments to the parliamentary elections rules, and other legislation, in connection with the alternative vote system.
- (4) The Minister may by order make any amendments to primary or secondary legislation (whenever passed or made) that are consequential on amendments made by this section or Schedule 10.
- (5) In subsection [(4)](https://www.legislation.gov.uk/ukpga/2011/1/section/9/4/enacted) “primary or secondary legislation” means any provision of, or made under, any Act.
- (6) An order under subsection [(4)](https://www.legislation.gov.uk/ukpga/2011/1/section/9/4/enacted) may include transitional or saving provision.
- (7) An order under subsection [(4)](https://www.legislation.gov.uk/ukpga/2011/1/section/9/4/enacted) may not be made unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.
- (8) Before making an order under subsection [(4)](https://www.legislation.gov.uk/ukpga/2011/1/section/9/4/enacted) the Minister must consult the Electoral Commission.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
## PART 2 — Parliamentary constituencies
@@ -314,11 +275,11 @@
##### 10
- (1) In the Parliamentary Constituencies Act 1986 (“the 1986 Act”) section 3 (reports of the Boundary Commissions) is amended as set out in subsections [(2)](https://www.legislation.gov.uk/ukpga/2011/1/section/10/2/enacted) to [(7)](https://www.legislation.gov.uk/ukpga/2011/1/section/10/7/enacted).
- (1) In the Parliamentary Constituencies Act 1986 (“*the 1986 Act*”) section 3 (reports of the Boundary Commissions) is amended as set out in subsections (2) to (7).
- (2) In subsection (1)—
- (a) in paragraph (a), for “paragraphs 1 to 6 of Schedule 2 to this Act (read with paragraph 7 of that Schedule)” there is substituted “Schedule 2 to this Act”;
- (a) in paragraph (a), for “paragraphs 1 to 6 of Schedule 2 to this Act (read with paragraph 7 of that Schedule)” there is substituted “ Schedule 2 to this Act ”;
- (b) in paragraph (b), the words “(read with paragraph 7)” are repealed.
@@ -351,21 +312,21 @@
- (7) Subsections (7) and (8) are repealed.
- (8) In section 4(2) of the 1986 Act (Orders in Council), for “a statement” there is substituted “the statement submitted under section 3(5B)(c) above”.
- (8) In section 4(2) of the 1986 Act (Orders in Council), for “a statement” there is substituted “ the statement submitted under section 3(5B)(c) above ”.
- (9) In Schedule 1 to the 1986 Act (the Boundary Commissions), in paragraph 5(d) (assessor officers of the Boundary Commission for Northern Ireland)—
- (a) for “and the” there is substituted “, the”;
- (b) at the end there is inserted “and the Chief Survey Officer of Land and Property Services”.
- (a) for “and the” there is substituted “ , the ”;
- (b) at the end there is inserted “ and the Chief Survey Officer of Land and Property Services ”.
- (10) In paragraph 6 of that Schedule (assistant Commissioners)—
- (a) in sub-paragraph (1), for the words after “assistant Commissioners” there is substituted “to assist the Commission in the discharge of their functions.”;
- (b) in sub-paragraph (2), for “inquiry” there is substituted “matter”.
- (11) In Article 3 of the Lord President of the Council Order 2010 ([S.I. 2010/1837](https://www.legislation.gov.uk/uksi/2010/1837)) (which makes certain functions of the Secretary of State exercisable concurrently with the Lord President) the reference in paragraph (1) to the Parliamentary Constituencies Act 1986 is to be read as a reference to that Act as amended by this section.
- (a) in sub-paragraph (1), for the words after “assistant Commissioners” there is substituted “ to assist the Commission in the discharge of their functions. ”;
- (b) in sub-paragraph (2), for “inquiry” there is substituted “ matter ”.
- (11) In Article 3 of the Lord President of the Council Order 2010 (S.I. 2010/1837) (which makes certain functions of the Secretary of State exercisable concurrently with the Lord President) the reference in paragraph (1) to the Parliamentary Constituencies Act 1986 is to be read as a reference to that Act as amended by this section.
#### Number and distribution of seats
@@ -379,15 +340,15 @@
> (1) The electorate of any constituency shall be—
> (a) no less than 95% of the United Kingdom electoral quota, and
> (b) no more than 105% of that quota.
> (2) This rule is subject to rules [4(2)](#p00087), [6(3)](#p00094) and [7](#p00095).
> (3) In this Schedule the “United Kingdom electoral quota” means—
> $$U 596$ where U is the electorate of the United Kingdom minus the electorate of the constituencies mentioned in rule [6](#p00091).$
> (2) This rule is subject to rules 4(2), 6(3) and 7.
> (3) In this Schedule the “*United Kingdom electoral quota*” means—
> $$U596$where U is the electorate of the United Kingdom minus the electorate of the constituencies mentioned in rule 6.$
> (3)
> (1) Each constituency shall be wholly in one of the four parts of the United Kingdom (England, Wales, Scotland and Northern Ireland).
> (2) The number of constituencies in each part of the United Kingdom shall be determined in accordance with the allocation method set out in rule [8](#p00097).
> (2) The number of constituencies in each part of the United Kingdom shall be determined in accordance with the allocation method set out in rule 8.
> (4)
> (1) A constituency shall not have an area of more than 13,000 square kilometres.
> (2) A constituency does not have to comply with rule [2(1)(a)](#p00082) if—
> (2) A constituency does not have to comply with rule 2(1)(a) if—
> (a) it has an area of more than 12,000 square kilometres, and
> (b) the Boundary Commission concerned are satisfied that it is not reasonably possible for the constituency to comply with that rule.
> (5)
@@ -398,40 +359,41 @@
> (d) any local ties that would be broken by changes in constituencies;
> (e) the inconveniences attendant on such changes.
> (2) The Boundary Commission for England may take into account, if and to such extent as they think fit, boundaries of the electoral regions specified in Schedule 1 to the European Parliamentary Elections Act 2002 (ignoring paragraph 2(2) of that Schedule and the references to Gibraltar) as it has effect on the most recent ordinary council-election day before the review date.
> (3) This rule has effect subject to rules [2](#p00081) and [4](#p00086).
> (3) This rule has effect subject to rules 2 and 4.
> (6)
> (1) There shall be two constituencies in the Isle of Wight.
> (2) There shall continue to be—
> (a) a constituency named Orkney and Shetland, comprising the areas of the Orkney Islands Council and the Shetland Islands Council;
> (b) a constituency named Na h-Eileanan an Iar, comprising the area of Comhairle nan Eilean Siar.
> (3) Rule [2](#p00081) does not apply to these constituencies.
> (3) Rule 2 does not apply to these constituencies.
> (7) where—
> (1) In relation to Northern Ireland, sub-paragraph [(2)](#p00096) below applies in place of rule [2](#p00081) where—
> (1) In relation to Northern Ireland, sub-paragraph (2) below applies in place of rule 2 where—
> (a) the difference between—
> (i) the electorate of Northern Ireland, and
> (ii) the United Kingdom electoral quota multiplied by the number of seats in Northern Ireland (determined under rule [8](#p00097)),
> (ii) the United Kingdom electoral quota multiplied by the number of seats in Northern Ireland (determined under rule 8),
> exceeds one third of the United Kingdom electoral quota, and
> (b) the Boundary Commission for Northern Ireland consider that having to apply rule [2](#p00081) would unreasonably impair—
> (i) their ability to take into account the factors set out in rule [5(1)](#p00089), or
> (b) the Boundary Commission for Northern Ireland consider that having to apply rule 2 would unreasonably impair—
> (i) their ability to take into account the factors set out in rule 5(1), or
> (ii) their ability to comply with section 3(2) of this Act.
> (2) The electorate of any constituency shall be—
> (a) no less than whichever is the lesser of—
> $N − A$
> and 95% of the United Kingdom electoral quota, and
> $N-A$
> and 95% of the United Kingdom electoral quota, and
> (b) no more than whichever is the greater of—
> $N + A$
> and 105% of the United Kingdom electoral quota,
> - N is the electorate of Northern Ireland divided by the number of seats in Northern Ireland (determined under rule [8](#p00097)), and
> $N+A$
> and 105% of the United Kingdom electoral quota,
> - N is the electorate of Northern Ireland divided by the number of seats in Northern Ireland (determined under rule 8), and
> - A is 5% of the United Kingdom electoral quota.
> (8)
> (1) The allocation method referred to in rule [3(2)](#p00085) is as follows.
> (1) The allocation method referred to in rule 3(2) is as follows.
> (2) The first constituency shall be allocated to the part of the United Kingdom with the greatest electorate.
> (3) The second and subsequent constituencies shall be allocated in the same way, except that the electorate of a part of the United Kingdom to which one or more constituencies have already been allocated is to be divided by—
> $$2 C + 1$ where C is the number of constituencies already allocated to that part.$
> (4) Where the figure given by sub-paragraph [(3)](#p00098) above is the same for two or more parts of the United Kingdom, the part to which a constituency is to be allocated shall be the one with the smaller or smallest actual electorate.
> (5) This rule does not apply to the constituencies mentioned in rule [6](#p00091), and accordingly—
> (a) the electorate of England shall be treated for the purposes of this rule as reduced by the electorate of the constituencies mentioned in rule [6(1)](#p00092);
> (b) the electorate of Scotland shall be treated for the purposes of this rule as reduced by the electorate of the constituencies mentioned in rule [6(2)](#p00093).
> $2C+1$
> where C is the number of constituencies already allocated to that part.
> (4) Where the figure given by sub-paragraph (3) above is the same for two or more parts of the United Kingdom, the part to which a constituency is to be allocated shall be the one with the smaller or smallest actual electorate.
> (5) This rule does not apply to the constituencies mentioned in rule 6, and accordingly—
> (a) the electorate of England shall be treated for the purposes of this rule as reduced by the electorate of the constituencies mentioned in rule 6(1);
> (b) the electorate of Scotland shall be treated for the purposes of this rule as reduced by the electorate of the constituencies mentioned in rule 6(2).
> (9) For this purpose the relevant version of a register is the version that is required by virtue of subsection (1) of section 13 of the Representation of the People Act 1983 to be published no later than the review date, or would be so required but for—
> (1) This rule has effect for the purposes of this Schedule.
> (2) The “electorate” of the United Kingdom, or of a part of the United Kingdom or a constituency, is the total number of persons whose names appear on the relevant version of a register of parliamentary electors in respect of addresses in the United Kingdom, or in that part or that constituency.
@@ -446,17 +408,17 @@
> (a) in relation to England and Wales, the ordinary day of election of councillors for local government areas;
> (b) in relation to Scotland, the day on which the poll is held at ordinary elections of councillors for local government areas;
> (c) in relation to Northern Ireland, the day of an election for any district council (other than an election to fill a casual vacancy).
> (5) The “review date”, in relation to a report under section 3(1) of this Act that a Boundary Commission is required (by section 3(2)) to submit before a particular date, is two years and ten months before that date.
> (6) “The United Kingdom electoral quota” has the meaning given by rule [2(3)](#p00083).
> (7) A reference in rule [6](#p00091) to an area is to the area as it existed on the coming into force of Part 2 of the Parliamentary Voting System and Constituencies Act 2011.
- (2) In the Schedule substituted by subsection [(1)](https://www.legislation.gov.uk/ukpga/2011/1/section/11/1/enacted), rule [5(1)(e)](#p00090) does not apply in relation to a report under section 3(1) of the 1986 Act that a Boundary Commission is required, by subsection (2) of section 3 of that Act as substituted by section 10[(3)](https://www.legislation.gov.uk/ukpga/2011/1/section/10/3/enacted) above, to submit before 1 October 2013.
> (5) The “*review date*”, in relation to a report under section 3(1) of this Act that a Boundary Commission is required (by section 3(2)) to submit before a particular date, is two years and ten months before that date.
> (6) “*The United Kingdom electoral quota*” has the meaning given by rule 2(3).
> (7) A reference in rule 6 to an area is to the area as it existed on the coming into force of Part 2 of the Parliamentary Voting System and Constituencies Act 2011.
- (2) In the Schedule substituted by subsection (1), rule 5(1)(e) does not apply in relation to a report under section 3(1) of the 1986 Act that a Boundary Commission is required, by subsection (2) of section 3 of that Act as substituted by section 10(3) above, to submit before 1 October 2013.
- (3) In Part 4 of Schedule 1 to the House of Commons Disqualification Act 1975 (offices disqualifying for particular constituencies)—
- (a) in the entry for Member of Her Majesty’s Commission of Lieutenancy for the City of London, for “The constituency comprising the whole of” there is substituted “Any constituency comprising the whole or part of”;
- (b) in the entry for Governor of the Isle of Wight, for “The Isle of Wight” there is substituted “Any constituency comprising any part of the Isle of Wight”.
- (a) in the entry for Member of Her Majesty's Commission of Lieutenancy for the City of London, for “The constituency comprising the whole of” there is substituted “ Any constituency comprising the whole or part of ”;
- (b) in the entry for Governor of the Isle of Wight, for “The Isle of Wight” there is substituted “ Any constituency comprising any part of the Isle of Wight ”.
- (4) In section 8 of the Representation of the People Act 1983 (registration officers), for paragraph (b) of subsection (2) there is substituted—
@@ -505,9 +467,9 @@
- (1) In section 2 of the Government of Wales Act 2006 (Assembly constituencies and electoral regions), for subsection (1) there is substituted—
> (1) The Assembly constituencies are the constituencies specified in the Parliamentary Constituencies and Assembly Electoral Regions (Wales) Order 2006 ([S.I. 2006/1041](https://www.legislation.gov.uk/uksi/2006/1041)) as amended by—
> (a) the Parliamentary Constituencies and Assembly Electoral Regions (Wales) (Amendment) Order 2008 ([S.I. 2008/1791](https://www.legislation.gov.uk/uksi/2008/1791)), and
> (b) any Order in Council under the Parliamentary Constituencies Act 1986 giving effect (with or without modifications) to a report falling within section 13[(3)](https://www.legislation.gov.uk/ukpga/2011/1/section/13/3/enacted) or [(4)](https://www.legislation.gov.uk/ukpga/2011/1/section/13/4/enacted) of the Parliamentary Voting System and Constituencies Act 2011.
> (1) The Assembly constituencies are the constituencies specified in the Parliamentary Constituencies and Assembly Electoral Regions (Wales) Order 2006 (S.I. 2006/1041) as amended by—
> (a) the Parliamentary Constituencies and Assembly Electoral Regions (Wales) (Amendment) Order 2008 (S.I. 2008/1791), and
> (b) any Order in Council under the Parliamentary Constituencies Act 1986 giving effect (with or without modifications) to a report falling within section 13(3) or (4) of the Parliamentary Voting System and Constituencies Act 2011.
- (2) The following provisions of the Government of Wales Act 2006 are repealed—
@@ -531,13 +493,13 @@
- (b) no Order in Council under that Act has yet been made for giving effect to it.
- (5) In relation to the report mentioned in subsection [(3)](https://www.legislation.gov.uk/ukpga/2011/1/section/13/3/enacted) or [(4)](https://www.legislation.gov.uk/ukpga/2011/1/section/13/4/enacted)—
- (5) In relation to the report mentioned in subsection (3) or (4)—
- (a) for the purposes of Part 1 of the Government of Wales Act 2006 (National Assembly for Wales), the 1986 Act has effect without the amendments made by this Act;
- (b) that Part has effect without the amendments made by subsection [(2)](https://www.legislation.gov.uk/ukpga/2011/1/section/13/2/enacted).
- (6) The 1986 Act, as it applies in accordance with subsection [(5)(a)](https://www.legislation.gov.uk/ukpga/2011/1/section/13/a/enacted) above, has effect as if—
- (b) that Part has effect without the amendments made by subsection (2).
- (6) The 1986 Act, as it applies in accordance with subsection (5)(a) above, has effect as if—
- (a) subsections (1) to (2A) of section 3 were omitted, and
@@ -545,13 +507,13 @@
> (6) The coming into force of any such Order shall not affect the operation of section 10 or 11 of the Government of Wales Act 2006, or the constitution of the National Assembly for Wales, at any time before the next general election to the Assembly.
- (7) Schedule 1 to the Government of Wales Act 2006, as it applies in accordance with subsection [(5)(b)](https://www.legislation.gov.uk/ukpga/2011/1/section/13/b/enacted) above, has effect as if—
- (7) Schedule 1 to the Government of Wales Act 2006, as it applies in accordance with subsection (5)(b) above, has effect as if—
- (a) the word “parliamentary” were omitted from paragraph 2(1), and
- (b) paragraph 10 were omitted.
- (8) In this section “the Minister” means the Lord President of the Council or the Secretary of State.
- (8) In this section “*the Minister*” means the Lord President of the Council or the Secretary of State.
#### Review of reduction in number of constituencies
@@ -565,9 +527,9 @@
- (2) A majority of the members of the committee are to be Members of the House of Commons.
- (3) Arrangements under subsection [(1)(a)](https://www.legislation.gov.uk/ukpga/2011/1/section/14/1/a/enacted) are to be made no earlier than 1 June 2015 and no later than 30 November 2015.
- (4) In this section “the Minister” means the Lord President of the Council or the Secretary of State.
- (3) Arrangements under subsection (1)(a) are to be made no earlier than 1 June 2015 and no later than 30 November 2015.
- (4) In this section “*the Minister*” means the Lord President of the Council or the Secretary of State.
## PART 3 — Miscellaneous and general
@@ -599,9 +561,9 @@
This Act extends to the whole of the United Kingdom, except that—
- (a) Part [1](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/part/1/enacted) of Schedule 3 extends only to England and Wales and Scotland;
- (b) Part [2](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/part/2/enacted) of that Schedule extends only to Northern Ireland;
- (a) Part 1 of Schedule 3 extends only to England and Wales and Scotland;
- (b) Part 2 of that Schedule extends only to Northern Ireland;
- (c) an amendment or repeal made by this Act has the same extent as the provision amended or repealed.
@@ -609,7 +571,7 @@
##### 19
- (1) Section 9, Schedule 10 and Part [1](https://www.legislation.gov.uk/ukpga/2011/1/schedule/12/part/1/enacted) of Schedule 12 come into force in accordance with provision made by an order under section 8[(1)](https://www.legislation.gov.uk/ukpga/2011/1/section/8/1/enacted).
- (1) Section 9, Schedule 10 and Part 1 of Schedule 12 come into force in accordance with provision made by an order under section 8(1).
- (2) The other provisions of this Act come into force on the day on which this Act is passed.
@@ -721,11 +683,11 @@
- (a) the conduct of the poll,
- (b) (subject to sub-paragraph [(3)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/1/paragraph/5/3/enacted)) the printing of the ballot papers,
- (b) (subject to sub-paragraph (3)) the printing of the ballot papers,
- (c) the issue and receipt of postal ballot papers for persons entitled to vote on their own behalf in the referendum and for their proxies,
- (d) the verification of the statements made under rule [38(6)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/38/6/enacted) of the referendum rules (ballot paper accounts), and
- (d) the verification of the statements made under rule 38(6) of the referendum rules (ballot paper accounts), and
- (e) the counting of the votes cast.
@@ -743,7 +705,7 @@
- (b) the total number of votes cast in favour of each answer to the question asked in the referendum.
Where two or more forms of ballot paper are used in the referendum, a separate number must be certified under paragraph [(a)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/1/paragraph/5/4/a/enacted) in relation to each form of ballot paper used.
Where two or more forms of ballot paper are used in the referendum, a separate number must be certified under paragraph (a) in relation to each form of ballot paper used.
- (5) The Chief Counting Officer may give Regional Counting Officers or counting officers—
@@ -773,11 +735,11 @@
##### 6
- (1) The Chief Counting Officer or a Regional Counting Officer or counting officer may appoint deputies to carry out any or all of the officer’s functions.
- (2) An appointment under sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/1/paragraph/6/1/enacted) must be in writing.
- (3) A Regional Counting Officer may appoint however many clerks are necessary to assist in carrying out the officer’s functions.
- (1) The Chief Counting Officer or a Regional Counting Officer or counting officer may appoint deputies to carry out any or all of the officer's functions.
- (2) An appointment under sub-paragraph (1) must be in writing.
- (3) A Regional Counting Officer may appoint however many clerks are necessary to assist in carrying out the officer's functions.
#### Counting officers etc: correction of procedural errors
@@ -789,13 +751,13 @@
- (b) is not in accordance with the referendum rules or any other requirements applicable to the referendum.
- (2) But a counting officer may not under this paragraph conduct a re-count of the votes once a direction has been given under rule [43(3)(b)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/43/3/b/enacted) of the referendum rules.
- (2) But a counting officer may not under this paragraph conduct a re-count of the votes once a direction has been given under rule 43(3)(b) of the referendum rules.
- (3) The relevant persons are—
- (a) a registration officer;
- (b) a presiding officer appointed under rule [14](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/14/enacted) of the referendum rules;
- (b) a presiding officer appointed under rule 14 of the referendum rules;
- (c) a clerk of, or a person providing goods or services to, the Regional Counting Officer or the counting officer;
@@ -803,9 +765,9 @@
- (i) the Regional Counting Officer or the counting officer, or
- (ii) a person mentioned in paragraph [(a)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/1/paragraph/7/3/a/enacted), [(b)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/1/paragraph/7/3/b/enacted) or [(c)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/1/paragraph/7/3/c/enacted).
- (4) For the purposes of sub-paragraph [(3)(d)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/1/paragraph/7/3/d/enacted) a person (“A”) is an assistant of another person (“P”) if—
- (ii) a person mentioned in paragraph (a), (b) or (c).
- (4) For the purposes of sub-paragraph (3)(d) a person (“A”) is an assistant of another person (“P”) if—
- (a) A is appointed to assist P, or
@@ -837,7 +799,7 @@
- (b) include that information in any report they submit under section 6(1)(b) of the 2000 Act to do with the referendum.
- (4) In sub-paragraph (3) “turnout” means the percentage of those entitled to vote in the referendum who did so.
- (4) In sub-paragraph (3) “*turnout*” means the percentage of those entitled to vote in the referendum who did so.
A ballot paper recorded under head (b), (c) or (d) of rule 42(4) of the referendum rules is to be treated as a vote for this purpose.
@@ -847,7 +809,7 @@
- (1) The Chief Counting Officer must take whatever steps the officer thinks appropriate to encourage participation in the referendum.
- (2) An officer to whom sub-paragraph [(3)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/1/paragraph/10/3/enacted) applies must take whatever steps the officer thinks appropriate to encourage participation in the referendum in the area or region for which the officer acts.
- (2) An officer to whom sub-paragraph (3) applies must take whatever steps the officer thinks appropriate to encourage participation in the referendum in the area or region for which the officer acts.
- (3) This sub-paragraph applies to—
@@ -857,17 +819,17 @@
- (c) a registration officer.
- (4) The Chief Counting Officer must take whatever steps the officer thinks appropriate to facilitate co-operation between that officer and the officers to whom sub-paragraph [(3)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/1/paragraph/10/3/enacted) applies in taking any steps under sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/1/paragraph/10/1/enacted) or [(2)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/1/paragraph/10/2/enacted).
- (5) In discharging the duty imposed by sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/1/paragraph/10/1/enacted) or [(2)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/1/paragraph/10/2/enacted) an officer must have regard to any guidance issued by the Electoral Commission.
- (6) The Minister may reimburse any expenditure incurred by an officer for the purposes of sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/1/paragraph/10/1/enacted) or [(2)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/1/paragraph/10/2/enacted).
- (4) The Chief Counting Officer must take whatever steps the officer thinks appropriate to facilitate co-operation between that officer and the officers to whom sub-paragraph (3) applies in taking any steps under sub-paragraph (1) or (2).
- (5) In discharging the duty imposed by sub-paragraph (1) or (2) an officer must have regard to any guidance issued by the Electoral Commission.
- (6) The Minister may reimburse any expenditure incurred by an officer for the purposes of sub-paragraph (1) or (2).
#### Referendum agents
##### 11
A permitted participant may, for any voting area, appoint an individual (who may be the responsible person) to act as the permitted participant’s agent (“referendum agent”).
A permitted participant may, for any voting area, appoint an individual (who may be the responsible person) to act as the permitted participant's agent (“referendum agent”).
##### 12
@@ -893,7 +855,7 @@
##### 13
- (1) This paragraph applies if a counting officer is notified under paragraph [12](https://www.legislation.gov.uk/ukpga/2011/1/schedule/1/paragraph/12/enacted) that a permitted participant has appointed a referendum agent.
- (1) This paragraph applies if a counting officer is notified under paragraph 12 that a permitted participant has appointed a referendum agent.
- (2) The counting officer must as soon as practicable give public notice of—
@@ -907,11 +869,11 @@
- (a) a permitted participant revokes the appointment of a referendum agent or a referendum agent dies, and
- (b) the referendum agent has notified the counting officer of the appointment of a polling or counting agent under rule [18](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/18/enacted) of the referendum rules.
- (2) The permitted participant must as soon as possible appoint another agent under paragraph [11](https://www.legislation.gov.uk/ukpga/2011/1/schedule/1/paragraph/11/enacted).
- (3) The notification under paragraph [12](https://www.legislation.gov.uk/ukpga/2011/1/schedule/1/paragraph/12/enacted) must be made as soon as possible after the appointment of the new referendum agent (rather than before noon on the 16th day before the date of the poll).
- (b) the referendum agent has notified the counting officer of the appointment of a polling or counting agent under rule 18 of the referendum rules.
- (2) The permitted participant must as soon as possible appoint another agent under paragraph 11.
- (3) The notification under paragraph 12 must be made as soon as possible after the appointment of the new referendum agent (rather than before noon on the 16th day before the date of the poll).
#### Responsible persons
@@ -935,7 +897,7 @@
- (b) P must, before the end of that period, give a notice of alteration under section 106(5) of the 2000 Act stating the name of the person who is to replace T as the responsible person for P.
- (5) In sub-paragraphs [(3)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/1/paragraph/15/3/enacted) and [(4)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/1/paragraph/15/4/enacted) “the person”, in relation to a body other than a minor party, is to be read as “the person or officer”.
- (5) In sub-paragraphs (3) and (4) “*the person*”, in relation to a body other than a minor party, is to be read as “the person or officer”.
- (6) In this paragraph “registered party” and “minor party” have the meaning given in section 160(1) of the 2000 Act.
@@ -949,7 +911,7 @@
- (3) Instalments may be withheld if the Commission are satisfied that the designated organisation concerned has failed to comply with a condition imposed under section 110(3) of the 2000 Act.
- (4) Section 110(2) of the 2000 Act, in so far as it requires the grant to be of the same amount in the case of each designated organisation, has effect in relation to the referendum subject to sub-paragraph [(3)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/1/paragraph/16/3/enacted).
- (4) Section 110(2) of the 2000 Act, in so far as it requires the grant to be of the same amount in the case of each designated organisation, has effect in relation to the referendum subject to sub-paragraph (3).
#### Expenses incurred by persons acting in concert
@@ -967,7 +929,7 @@
respectively with a view to, or otherwise in connection with, promoting or procuring a particular outcome in relation to the question asked in the referendum.
- (2) The expenses mentioned in sub-paragraph [(1)(a)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/1/paragraph/17/1/a/enacted) are to be treated for the purposes of the provisions of the 2000 Act set out in sub-paragraph [(3)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/1/paragraph/17/3/enacted) as having also been incurred, during the referendum period, by or on behalf of the other individual or body (or, as the case may be, each of the other individuals or bodies) mentioned in sub-paragraph [(1)(b)(ii)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/1/paragraph/17/1/b/ii/enacted).
- (2) The expenses mentioned in sub-paragraph (1)(a) are to be treated for the purposes of the provisions of the 2000 Act set out in sub-paragraph (3) as having also been incurred, during the referendum period, by or on behalf of the other individual or body (or, as the case may be, each of the other individuals or bodies) mentioned in sub-paragraph (1)(b)(ii).
- (3) The provisions are—
@@ -987,11 +949,11 @@
##### 18
- (1) The Town and Country Planning (Control of Advertisements) Regulations 1992 ([S.I. 1992/666](https://www.legislation.gov.uk/uksi/1992/666)) apply in relation to the display on any site in Wales of an advertisement relating specifically to the referendum as they apply in relation to the display of an advertisement relating specifically to a pending parliamentary election.
- (2) The Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984 ([S.I. 1984/467](https://www.legislation.gov.uk/uksi/1984/467)) apply in relation to the display on any site in Scotland of an advertisement relating specifically to the referendum as they apply in relation to the display of an advertisement relating specifically to a pending parliamentary election.
- (3) The Planning (Control of Advertisements) Regulations (Northern Ireland) 1992 ([S.R. 1992/448](https://www.legislation.gov.uk/nisr/1992/448)) apply in relation to the display on any site in Northern Ireland of an advertisement relating specifically to the referendum as they apply in relation to the display of an advertisement relating specifically to a pending parliamentary election.
- (1) The Town and Country Planning (Control of Advertisements) Regulations 1992 (S.I. 1992/666) apply in relation to the display on any site in Wales of an advertisement relating specifically to the referendum as they apply in relation to the display of an advertisement relating specifically to a pending parliamentary election.
- (2) The Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984 (S.I. 1984/467) apply in relation to the display on any site in Scotland of an advertisement relating specifically to the referendum as they apply in relation to the display of an advertisement relating specifically to a pending parliamentary election.
- (3) The Planning (Control of Advertisements) Regulations (Northern Ireland) 1992 (S.R. 1992/448) apply in relation to the display on any site in Northern Ireland of an advertisement relating specifically to the referendum as they apply in relation to the display of an advertisement relating specifically to a pending parliamentary election.
#### Non-domestic rating: premises used for referendum purposes
@@ -999,13 +961,13 @@
- (1) Section 65(6) of the Local Government Finance Act 1988 (occupation for election meetings and polls) has effect as if—
- (a) the reference to public meetings in furtherance of a person’s candidature at an election included a reference to public meetings to promote or procure a particular outcome in relation to the question asked in the referendum, and
- (a) the reference to public meetings in furtherance of a person's candidature at an election included a reference to public meetings to promote or procure a particular outcome in relation to the question asked in the referendum, and
- (b) the reference to use by a returning officer for the purpose of taking the poll in an election included a reference to use by a counting officer for the purposes of taking the poll in the referendum.
- (2) Section 98 of the 1983 Act and rule 22(3) in Schedule 1 to that Act (which make equivalent provision, applying in Scotland and Northern Ireland) have effect as if—
- (a) the reference in section 98 to public meetings in furtherance of a person’s candidature at an election included a reference to public meetings to promote or procure a particular outcome in relation to the question asked in the referendum, and
- (a) the reference in section 98 to public meetings in furtherance of a person's candidature at an election included a reference to public meetings to promote or procure a particular outcome in relation to the question asked in the referendum, and
- (b) the reference in rule 22(3) to use for the purpose of taking the poll in an election included a reference to use by a counting officer for the purposes of taking the poll in the referendum.
@@ -1013,13 +975,13 @@
##### 20
- (1) Subject to sub-paragraphs [(3)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/1/paragraph/20/3/enacted) and [(4)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/1/paragraph/20/4/enacted), a counting officer or Regional Counting Officer is entitled to recover his or her charges in respect of services rendered, or expenses incurred, for or in connection with the referendum if—
- (1) Subject to sub-paragraphs (3) and (4), a counting officer or Regional Counting Officer is entitled to recover his or her charges in respect of services rendered, or expenses incurred, for or in connection with the referendum if—
- (a) the services were necessarily rendered, or the expenses were necessarily incurred, for the efficient and effective conduct of the referendum, and
- (b) the total of the officer’s charges does not exceed the amount (“the overall maximum recoverable amount”) specified in, or determined in accordance with, an order made by the Minister, with the consent of the Treasury, for the purposes of this sub-paragraph.
- (2) Sub-paragraph [(3)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/1/paragraph/20/3/enacted) applies to a service rendered by—
- (b) the total of the officer's charges does not exceed the amount (“the overall maximum recoverable amount”) specified in, or determined in accordance with, an order made by the Minister, with the consent of the Treasury, for the purposes of this sub-paragraph.
- (2) Sub-paragraph (3) applies to a service rendered by—
- (a) the counting officer for a voting area in England, Wales or Scotland, or
@@ -1027,19 +989,19 @@
which in the opinion of the Electoral Commission was inadequately performed.
- (3) In respect of a service to which this sub-paragraph applies, the officer is entitled under sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/1/paragraph/20/1/enacted) to no more than the amount (which may be nil) that seems reasonable in all the circumstances—
- (3) In respect of a service to which this sub-paragraph applies, the officer is entitled under sub-paragraph (1) to no more than the amount (which may be nil) that seems reasonable in all the circumstances—
- (a) to the Commission, or
- (b) on a taxation under paragraph [21](https://www.legislation.gov.uk/ukpga/2011/1/schedule/1/paragraph/21/enacted), to the county court or Auditor.
- (4) An order under sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/1/paragraph/20/1/enacted) may specify, or make provision for determining in accordance with the order, a maximum recoverable amount for services or expenses of a specified description—
- (b) on a taxation under paragraph 21, to the county court or Auditor.
- (4) An order under sub-paragraph (1) may specify, or make provision for determining in accordance with the order, a maximum recoverable amount for services or expenses of a specified description—
- (a) for counting officers;
- (b) for Regional Counting Officers.
Subject to sub-paragraph [(5)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/1/paragraph/20/5/enacted), an officer may not recover more than the specified amount in respect of such services or expenses.
Subject to sub-paragraph (5), an officer may not recover more than the specified amount in respect of such services or expenses.
- (5) In a particular case the Electoral Commission may, with the consent of the Treasury, authorise the payment of—
@@ -1047,7 +1009,7 @@
- (b) more than the specified maximum recoverable amount for any specified services or expenses,
if the Commission are satisfied that the conditions in sub-paragraph [(6)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/1/paragraph/20/6/enacted) are met.
if the Commission are satisfied that the conditions in sub-paragraph (6) are met.
- (6) The conditions are—
@@ -1065,7 +1027,7 @@
- (9) Where the superannuation contributions required to be paid by a local authority in respect of a person are increased by a fee paid under this paragraph as part of the charges of a counting officer or Regional Counting Officer at the referendum, then on an account being submitted to them the Electoral Commission must pay to the authority a sum equal to the increase.
- (10) At the request of a counting officer or Regional Counting Officer or the Chief Counting Officer, the Electoral Commission may make an advance on account of the officer’s charges on such terms as they think fit.
- (10) At the request of a counting officer or Regional Counting Officer or the Chief Counting Officer, the Electoral Commission may make an advance on account of the officer's charges on such terms as they think fit.
- (11) The Electoral Commission may by regulations make provision as to the time when and the manner and form in which accounts are to be rendered to the Commission for the purposes of the payment of the charges of a counting officer or Regional Counting Officer or the Chief Counting Officer.
@@ -1079,19 +1041,19 @@
- (1) An application for the account of a counting officer or Regional Counting Officer to be taxed must be made—
- (a) except where paragraph [(b)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/1/paragraph/21/1/b/enacted) applies, to a county court;
- (a) except where paragraph (b) applies, to a county court;
- (b) where the officer is one who was appointed for an area in Scotland, or for the region of Scotland, to the Auditor of the Court of Session.
A reference in this paragraph to “the court” includes a reference to that Auditor.
A reference in this paragraph to “*the court*” includes a reference to that Auditor.
- (2) On any such application the court has jurisdiction to tax the account in whatever manner and at whatever time and place the court thinks fit, and finally to determine the amount payable to the officer.
- (3) Where an application is made for the account of a counting officer or Regional Counting Officer to be taxed, the officer may apply to the court for it to examine any claim made by any person (“the claimant”) against the officer in respect of matters charged in the account.
- (4) On an application under sub-paragraph [(3)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/1/paragraph/21/3/enacted), after the claimant has been given notice and an opportunity to be heard and to tender any evidence, the court may allow, disallow or reduce the claim, with or without costs.
- (5) An application under sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/1/paragraph/21/1/enacted) for taxation of the account of the Chief Electoral Officer for Northern Ireland must be made to the county court that has jurisdiction at the place where the officer certified the number of ballot papers counted and votes cast.
- (3) Where an application is made for the account of a counting officer or Regional Counting Officer to be taxed, the officer may apply to the court for it to examine any claim made by any person (“*the claimant*”) against the officer in respect of matters charged in the account.
- (4) On an application under sub-paragraph (3), after the claimant has been given notice and an opportunity to be heard and to tender any evidence, the court may allow, disallow or reduce the claim, with or without costs.
- (5) An application under sub-paragraph (1) for taxation of the account of the Chief Electoral Officer for Northern Ireland must be made to the county court that has jurisdiction at the place where the officer certified the number of ballot papers counted and votes cast.
#### Electoral Commission accounts
@@ -1101,7 +1063,7 @@
- (2) Accounts under this paragraph must be prepared in accordance with directions given to the Commission by the Treasury.
- (3) Directions under sub-paragraph [(2)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/1/paragraph/22/2/enacted) may include, in particular, directions as to—
- (3) Directions under sub-paragraph (2) may include, in particular, directions as to—
- (a) the information to be contained in the accounts and the manner in which it is to be presented,
@@ -1113,9 +1075,9 @@
- (a) the Comptroller and Auditor General, and
- (b) the Speaker’s Committee,
as soon may be practicable after the giving of the direction under sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/1/paragraph/22/1/enacted).
- (b) the Speaker's Committee,
as soon may be practicable after the giving of the direction under sub-paragraph (1).
#### Restriction on challenge to referendum result
@@ -1127,23 +1089,23 @@
- (b) the claim form is filed before the end of the permitted period.
- (2) In sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/1/paragraph/23/1/enacted) “the permitted period” means the period of 6 weeks beginning with—
- (2) In sub-paragraph (1) “*the permitted period*” means the period of 6 weeks beginning with—
- (a) the day on which the officer in question gives a certificate as to the number of ballot papers counted and votes cast in the referendum, or
- (b) if the officer gives more than one such certificate, the day on which the last is given.
- (3) In the application of this paragraph to Scotland, sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/1/paragraph/23/1/enacted) has effect—
- (a) with the substitution in paragraph [(a)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/1/paragraph/23/1/a/enacted) of “a petition” for “a claim”;
- (b) with the substitution in paragraph [(b)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/1/paragraph/23/1/b/enacted) of “the petition is lodged” for “the claim form is filed”.
- (4) In the application of this paragraph to Northern Ireland, sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/1/paragraph/23/1/enacted) has effect—
- (a) with the substitution in paragraph [(a)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/1/paragraph/23/1/a/enacted) of “an application” for “a claim”;
- (b) with the substitution in paragraph [(b)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/1/paragraph/23/1/b/enacted) of “the application for leave to apply for judicial review is lodged” for “the claim form is filed”.
- (3) In the application of this paragraph to Scotland, sub-paragraph (1) has effect—
- (a) with the substitution in paragraph (a) of “a petition” for “ a claim ”;
- (b) with the substitution in paragraph (b) of “the petition is lodged” for “ the claim form is filed ”.
- (4) In the application of this paragraph to Northern Ireland, sub-paragraph (1) has effect—
- (a) with the substitution in paragraph (a) of “an application” for “ a claim ”;
- (b) with the substitution in paragraph (b) of “the application for leave to apply for judicial review is lodged” for “ the claim form is filed ”.
## SCHEDULE 2
@@ -1157,12 +1119,6 @@
The proceedings at the referendum are to be conducted in accordance with the following table.
| Proceeding | Time |
| --- | --- |
| Publication of notice of referendum | Not later than the 25th day before the day of the referendum |
| Notice of poll | Not later than the 15th day before the day of the referendum |
| Hours of polling | Between 7 am and 10 pm on the day of the referendum |
#### Computation of time
##### 2
@@ -1175,7 +1131,7 @@
- (c) any day appointed as a day of public thanksgiving or mourning.
- (2) In relation to proceedings adjourned by a presiding officer under rule [37](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/37/enacted) (riot or open violence), the reference in paragraph [(1)(b)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/2/1/b/enacted) to a day that is a bank holiday in any part of the United Kingdom is to be read as a reference to a day that is a bank holiday in the part of the United Kingdom where the proceedings are adjourned.
- (2) In relation to proceedings adjourned by a presiding officer under rule 37 (riot or open violence), the reference in paragraph (1)(b) to a day that is a bank holiday in any part of the United Kingdom is to be read as a reference to a day that is a bank holiday in the part of the United Kingdom where the proceedings are adjourned.
### General provisions
@@ -1205,7 +1161,7 @@
##### 5
- (1) The ballot of every voter is to consist of a ballot paper, which is to be printed in the form set out in Form 1 in Part [2](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/part/2/enacted) of this Schedule and according to the directions specified in that Part.
- (1) The ballot of every voter is to consist of a ballot paper, which is to be printed in the form set out in Form 1 in Part 2 of this Schedule and according to the directions specified in that Part.
- (2) Each ballot paper—
@@ -1221,11 +1177,11 @@
- (1) The counting officer must prepare a list containing the numbers and other unique identifying marks of all of the ballot papers to be—
- (a) issued by the officer in pursuance of rule [12(1)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/12/1/enacted), or
- (b) provided by the officer in pursuance of rule [17(1)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/17/1/enacted).
- (2) The list must be in the form set out in Form 2 in Part [2](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/part/2/enacted) of this Schedule.
- (a) issued by the officer in pursuance of rule 12(1), or
- (b) provided by the officer in pursuance of rule 17(1).
- (2) The list must be in the form set out in Form 2 in Part 2 of this Schedule.
#### The official mark
@@ -1249,7 +1205,7 @@
- (1) The counting officer may use, free of charge, for the purpose of taking the poll—
- (a) a room in a school within paragraph [(3)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/9/3/enacted);
- (a) a room in a school within paragraph (3);
- (b) a room the expense of maintaining which is met by any local authority (in England and Wales or Scotland) or is payable out of any rate (in Northern Ireland).
@@ -1283,15 +1239,15 @@
- (1) The Chief Counting Officer may, for the purpose of making a relevant form easier for voters to understand or use, specify modifications that are to be made to the wording or appearance of the form.
- (2) In paragraph (1) “relevant form” means any of the following—
- (a) Forms 3 to 10, 12 and 14 in Part [2](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/part/2/enacted) of this Schedule;
- (b) the form of the notice set out in rule [17(7)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/17/7/enacted).
- (3) In this Part of this Act a reference to a form is to be read as a reference to that form with any modifications specified under paragraph [(1)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/10/1/enacted).
- (4) Where a form is modified by virtue of paragraph [(1)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/10/1/enacted), section 26(2) of the Welsh Language Act 1993 applies as if the modified form were specified by this Act.
- (2) In paragraph (1) “*relevant form*” means any of the following—
- (a) Forms 3 to 10, 12 and 14 in Part 2 of this Schedule;
- (b) the form of the notice set out in rule 17(7).
- (3) In this Part of this Act a reference to a form is to be read as a reference to that form with any modifications specified under paragraph (1).
- (4) Where a form is modified by virtue of paragraph (1), section 26(2) of the Welsh Language Act 1993 applies as if the modified form were specified by this Act.
### Action to be taken before the poll
@@ -1313,7 +1269,7 @@
- (b) the description of voters entitled to vote there.
- (4) As soon as practicable after giving the notice under paragraph [(3)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/11/3/enacted), the counting officer must give a copy of it to each of the referendum agents appointed for the officer’s area.
- (4) As soon as practicable after giving the notice under paragraph (3), the counting officer must give a copy of it to each of the referendum agents appointed for the officer's area.
#### Postal ballot papers
@@ -1323,9 +1279,9 @@
- (a) a ballot paper,
- (b) in the case of those entitled to vote in England and Wales or Scotland, a postal voting statement in the form set out in Form 3 in Part [2](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/part/2/enacted) of this Schedule, and
- (c) in the case of those entitled to vote in Northern Ireland, a declaration of identity in the form set out in Form 4 in Part [2](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/part/2/enacted) of this Schedule,
- (b) in the case of those entitled to vote in England and Wales or Scotland, a postal voting statement in the form set out in Form 3 in Part 2 of this Schedule, and
- (c) in the case of those entitled to vote in Northern Ireland, a declaration of identity in the form set out in Form 4 in Part 2 of this Schedule,
together with envelopes for their return complying with the requirements prescribed by the relevant postal voting provisions.
@@ -1353,7 +1309,7 @@
- (4) In Wales, Scotland or Northern Ireland, the polling station allotted to electors from any polling district must be in the polling place for that district.
- (5) The polling districts and polling places that apply for the purposes of paragraph [(4)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/13/4/enacted) are—
- (5) The polling districts and polling places that apply for the purposes of paragraph (4) are—
- (a) in Wales, those that would apply by virtue of provision made under section 13(1)(a) of the Government of Wales 2006 in respect of an election for membership of the National Assembly for Wales held on the day of the referendum;
@@ -1363,7 +1319,7 @@
- (6) The number of ballot papers counted or votes cast as certified by the Chief Counting Officer or a Regional Counting Officer or counting officer may not be questioned by reason of—
- (a) any non-compliance with paragraph [(3)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/13/3/enacted) or [(4)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/13/4/enacted), or
- (a) any non-compliance with paragraph (3) or (4), or
- (b) any informality relative to polling districts or polling places.
@@ -1399,37 +1355,37 @@
- (3) An official poll card must not be sent to a person registered, or to be registered, in pursuance of—
- (a) an overseas elector’s declaration, within the meaning of section 2 of the Representation of the People Act 1985 (registration of British citizens overseas), or
- (a) an overseas elector's declaration, within the meaning of section 2 of the Representation of the People Act 1985 (registration of British citizens overseas), or
- (b) a declaration made by virtue of subsection (5) of section 3 of that Act (extension of franchise for European Parliamentary Elections).
- (4) An elector’s official poll card must be sent or delivered to his or her qualifying address, and a proxy’s to his or her address as shown in the list of proxies.
- (4) An elector's official poll card must be sent or delivered to his or her qualifying address, and a proxy's to his or her address as shown in the list of proxies.
- (5) In the case of an elector who is entitled to vote in the referendum in England and Wales or Scotland—
- (a) an official poll card sent to the elector must be in the form set out in Form 5 in Part [2](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/part/2/enacted) of this Schedule;
- (b) an official postal poll card sent to the elector must be in the form set out in Form 6 in Part [2](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/part/2/enacted) of this Schedule;
- (c) an official poll card sent to the proxy of the elector must be in the form set out in Form 7 in Part [2](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/part/2/enacted) of this Schedule;
- (d) an official postal poll card sent to the proxy of the elector must be in the form set out in Form 8 in Part [2](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/part/2/enacted) of this Schedule.
- (a) an official poll card sent to the elector must be in the form set out in Form 5 in Part 2 of this Schedule;
- (b) an official postal poll card sent to the elector must be in the form set out in Form 6 in Part 2 of this Schedule;
- (c) an official poll card sent to the proxy of the elector must be in the form set out in Form 7 in Part 2 of this Schedule;
- (d) an official postal poll card sent to the proxy of the elector must be in the form set out in Form 8 in Part 2 of this Schedule.
- (6) In the case of an elector who is entitled to vote in the referendum in Northern Ireland—
- (a) an official poll card sent to the elector must be in the form set out in Form 9 in Part [2](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/part/2/enacted) of this Schedule;
- (b) an official poll card sent to the proxy of the elector must be in the form set out in Form 10 in Part [2](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/part/2/enacted) of this Schedule.
- (7) An official poll card or official postal poll card may set out whatever information, in addition to that required by virtue of paragraph [(5)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/15/5/enacted) or [(6)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/15/6/enacted), the counting officer thinks appropriate.
- (8) Different information may be provided in pursuance of paragraph [(7)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/15/7/enacted) to different electors or descriptions of elector.
- (a) an official poll card sent to the elector must be in the form set out in Form 9 in Part 2 of this Schedule;
- (b) an official poll card sent to the proxy of the elector must be in the form set out in Form 10 in Part 2 of this Schedule.
- (7) An official poll card or official postal poll card may set out whatever information, in addition to that required by virtue of paragraph (5) or (6), the counting officer thinks appropriate.
- (8) Different information may be provided in pursuance of paragraph (7) to different electors or descriptions of elector.
- (9) In this rule—
- “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.
- “*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
@@ -1437,17 +1393,17 @@
- (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)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/5/2/enacted) or [16(2)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/16/2/enacted) 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)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/5/3/enacted) or [16(3)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/16/3/enacted) 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)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/16/1/b/enacted) 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](https://www.legislation.gov.uk/uksi/2004/293)) or (as the case may be) regulation 8 of the European Parliamentary Elections (Northern Ireland) Regulations 2004 ([S.I. 2008/1741](https://www.legislation.gov.uk/uksi/2008/1741)) as voting by proxy.
- (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
@@ -1463,19 +1419,19 @@
- (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)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/17/3/b/enacted);
- (d) a list consisting of that part of the list prepared under rule [6](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/6/enacted) 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)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/17/3/d/enacted) must be in the form set out in Form 11 in Part [2](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/part/2/enacted) of this Schedule.
- (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](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/31/enacted) [(1)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/31/1/enacted)).
- (5) The device mentioned in paragraph [(4)(b)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/17/4/b/enacted) must—
- (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;
@@ -1489,15 +1445,15 @@
- (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](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/part/2/enacted) 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.
- (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
> 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)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/17/3/b/enacted) 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.
- (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
@@ -1509,11 +1465,11 @@
- (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](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/41/enacted).
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)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/18/2/enacted) “count” includes a re-count and “re-count” includes a further re-count.
- (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—
@@ -1521,21 +1477,21 @@
- (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)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/18/4/b/enacted), a counting agent appointed by more than one referendum agent is to be treated as a separate agent for each of them.
- (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)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/18/2/enacted) the notice under paragraph [(6)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/18/6/enacted) or [(7)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/18/7/enacted) must include notice of that fact.
- (9) A notice under paragraph [(6)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/18/6/enacted) or [(7)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/18/7/enacted)—
- (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)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/18/1/enacted) or [(7)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/18/7/enacted)—
- (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
@@ -1569,7 +1525,7 @@
the counting officer must mark the list in the manner prescribed by the relevant postal voting provisions.
- (2) Rule [40](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/40/enacted) [(3)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/40/3/enacted) and [(4)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/40/4/enacted) 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.
- (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
@@ -1601,11 +1557,11 @@
- (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—
- (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](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/part/2/enacted) of this Schedule, and
- (b) is in the form set out in Form 13 in Part 2 of this Schedule, and
- (c) is signed by an officer of police of or above the rank of inspector or, as the case may be, by the counting officer.
@@ -1615,15 +1571,15 @@
##### 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—
- (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.
- (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.
@@ -1649,14 +1605,14 @@
- (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 |
| *Person applying for ballot paper* | *Person applying for ballot paper* | *Questions* |
| --- | --- | --- |
| 1 | A person applying as an elector | “Are you the person registered in the register of electors as follows (*read out the whole entry from the register*)?” [R] “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] In Northern Ireland, “What is your date of birth?” |
| 2 | A person applying as proxy | “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] “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] “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) | “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] “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] “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] |
| 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 | “Did you apply to vote by post?” “Why have you not voted by post?” |
| 6 | A person applying as proxy who is named in the proxy postal voters list | “Did you apply to vote by post as proxy?” “Why have you not voted by post as proxy?” |
| 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.
@@ -1702,13 +1658,13 @@
- (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;
- (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)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/27/4/a/enacted) “licence to drive a motor vehicle” means a licence granted under—
- (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,
@@ -1722,23 +1678,23 @@
##### 28
- (1) This rule applies where there is a duty to deliver a ballot paper to a voter under rule [26](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/26/enacted).
- (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)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/28/3/enacted) 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)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/17/3/d/enacted) beside the number of the ballot paper to be issued to the elector;
- (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)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/28/2/a/enacted).
- (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)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/28/2/a/enacted) to the copy of the register of electors is to be read as a reference to the copy of the notice;
- (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.
@@ -1748,7 +1704,7 @@
- (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.
- (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.
@@ -1756,7 +1712,7 @@
##### 30
- (1) This rule applies where a voter applies to the presiding officer to mark the voter’s ballot paper and the voter—
- (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
@@ -1764,29 +1720,29 @@
- (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
- (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](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/27/enacted) 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.
- (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
- (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.
- (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”).
- (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—
@@ -1794,7 +1750,7 @@
- (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—
- (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
@@ -1802,7 +1758,7 @@
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](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/27/enacted) applies as if the references to delivering a ballot paper were references to granting the voter’s application.
- (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—
@@ -1824,15 +1780,15 @@
- (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
- (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.
- (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.
@@ -1844,9 +1800,9 @@
- (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](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/24/enacted).
Rule [33](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/33/enacted) makes further provision about tendered ballot papers.
- (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—
@@ -1876,7 +1832,7 @@
- (c) another person has already voted in person either as that elector or as proxy for that elector.
- (4) Rule [27](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/27/enacted) 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](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/26/enacted).
- (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—
@@ -1914,13 +1870,13 @@
- (a) a person applies for a ballot paper in Northern Ireland, and
- (b) there has been a refusal under paragraph [(2)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/27/2/enacted) of rule [27](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/27/enacted) (including that paragraph as applied by rule [30](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/30/enacted) or [31](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/31/enacted) or this rule) by a presiding officer.
- (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](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/24/enacted) satisfactorily.
- (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).
@@ -1930,29 +1886,29 @@
- (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](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/32/enacted) must sign the paper, unless it is marked after an application was refused under rule [30](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/30/enacted) or [31](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/31/enacted).
- (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.
- (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](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/32/enacted) 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)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/33/5/enacted) and [(7)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/33/7/enacted) 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)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/33/5/enacted) and [(7)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/33/7/enacted) 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.
- (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)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/27/2/enacted) of rule [27](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/27/enacted), including that paragraph as applied by rule [30](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/30/enacted), [31](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/31/enacted) or [32](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/32/enacted), is final (except that it is subject to review in proceedings brought by an application for judicial review).
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
@@ -1960,7 +1916,7 @@
- (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
- (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.
@@ -1998,17 +1954,17 @@
- (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](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/6/enacted), including the parts that were completed in accordance with rule [28](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/28/enacted)(2)(b) (together referred to in these rules as “the completed corresponding number lists”);
- (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](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/36/enacted), and the declarations made by the companions of voters with disabilities.
- (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
- (a) the presiding officer's seal, and
- (b) the seals of any polling agents who want to affix their seals.
@@ -2016,7 +1972,7 @@
- (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—
- (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,
@@ -2046,7 +2002,7 @@
- (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;
- (b) the counting officer's clerks;
- (c) the referendum agents;
@@ -2056,7 +2012,7 @@
- (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
- (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.
@@ -2066,7 +2022,7 @@
- (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.
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.
@@ -2096,17 +2052,17 @@
- (c) the postal voting statement also states the date of birth of the elector or proxy (as the case may be), and
- (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.
- (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.
- (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.
@@ -2118,11 +2074,11 @@
- (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);
- (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)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/40/8/b/enacted).
- (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—
@@ -2134,31 +2090,31 @@
- (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)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/2/1/enacted).
- (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
- (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)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/40/11/enacted)(a) the agreement of a referendum agent is effective as the agreement of his or her counting agents.
- (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.
- (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)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/18/2/enacted).
- (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)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/43/3/b/enacted).
- (4) A counting officer may not conduct a re-count once a direction has been given under rule 43(3)(b).
#### Rejected ballot papers
@@ -2172,7 +2128,7 @@
- (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,
- (d) which is unmarked or does not indicate the voter's intention with certainty,
is void and not to be counted.
@@ -2184,9 +2140,9 @@
- (c) by more than one mark,
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.
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—
@@ -2210,7 +2166,7 @@
##### 43
- (1) On the completion of the counting of the votes (including any re-count under rule [41](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/41/enacted)), and on the completion of any re-count under this rule, the counting officer must draw up a statement showing—
- (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
@@ -2228,21 +2184,21 @@
- (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)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/43/3/a/enacted) 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)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/43/3/a/enacted) must—
- (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)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/43/3/b/enacted).
- (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](https://www.legislation.gov.uk/ukpga/2011/1/schedule/1/paragraph/23/enacted) of Schedule 1).
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
@@ -2288,7 +2244,7 @@
##### 47
- (1) After making the certification under paragraph [5(4)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/1/paragraph/5/4/enacted) of Schedule 1, a Regional Counting Officer must—
- (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;
@@ -2296,7 +2252,7 @@
- (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)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/1/paragraph/5/4/enacted) of Schedule 1;
- (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.
@@ -2352,7 +2308,7 @@
- (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](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/36/enacted) and the declarations made by the companions of voters with disabilities;
- (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;
@@ -2364,15 +2320,15 @@
- (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)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/50/3/b/enacted), the registration officer of the local authority in whose area that voting area is situated;
- (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)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/50/3/enacted)—
- “local authority” has the same meaning as in paragraph 4 of Schedule 1;
- “Assembly constituency” means a constituency for the National Assembly for Wales.
- (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
@@ -2384,9 +2340,9 @@
- (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
- (c) for the inspection of any counted ballot papers in the officer’s custody,
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](https://www.legislation.gov.uk/ukpga/2011/1/schedule/1/paragraph/23/enacted) of Schedule 1.
- (c) for the inspection of any counted ballot papers in the officer's custody,
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—
@@ -2410,9 +2366,9 @@
- (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;
- (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.
@@ -2438,15 +2394,13 @@
- (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;
- (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;
- (c) in relation to the counting officer for Northern Ireland, the High Court.
- (3) While documents are retained under paragraph (1) they must be open to public inspection.
This does not apply to—
- (3) While documents are retained under paragraph (1) they must be open to public inspection. This does not apply to—
- (a) ballot papers;
@@ -2470,29 +2424,29 @@
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)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/18/10/enacted);
- “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)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/5/3/enacted) of Schedule 3; in relation to Northern Ireland, means the list kept under paragraph [16(3)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/16/3/enacted) of Schedule 3;
- “polling agent” is to be read in accordance with rule [18(10)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/18/10/enacted);
- “postal voters list”— in relation to England and Wales and Scotland, means the list kept under paragraph [5(2)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/5/2/enacted) of Schedule 3; in relation to Northern Ireland, means the list kept under paragraph [16(2)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/16/2/enacted) of Schedule 3;
- “presiding officer” is to be read in accordance with rule [14](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/14/enacted)(1) and (2);
- “proxy postal voters list”— in relation to England and Wales and Scotland, means the list kept under paragraph [8(6)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/8/6/enacted) of Schedule 3; in relation to Northern Ireland, means the list kept under paragraph [19(6)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/19/6/enacted) of Schedule 3;
- “referendum agent” means a person appointed under paragraph [11](https://www.legislation.gov.uk/ukpga/2011/1/schedule/1/paragraph/11/enacted) 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](https://www.legislation.gov.uk/uksi/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](https://www.legislation.gov.uk/uksi/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](https://www.legislation.gov.uk/uksi/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](https://www.legislation.gov.uk/uksi/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](https://www.legislation.gov.uk/uksi/2001/341)) as applied by Schedule 4; in relation to Scotland, means the Representation of the People (Scotland) Regulations 2001 ([S.I. 2001/497](https://www.legislation.gov.uk/uksi/2001/497)) as so applied; in relation to Northern Ireland, means the Representation of the People (Northern Ireland) Regulations 2008 ([S.I. 2008/1741](https://www.legislation.gov.uk/uksi/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.
- “*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
@@ -2508,17 +2462,17 @@
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](https://www.legislation.gov.uk/uksi/2004/293));
- “peer” means a peer who is a member of the House of Lords;
- “relevant register” means— a register of parliamentary electors, or in relation to a peer— a register of local government electors, or a 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](https://www.legislation.gov.uk/uksi/2001/341)) as applied by Schedule 4; in relation to Scotland, means the Representation of the People (Scotland) Regulations 2001 ([S.I. 2001/497](https://www.legislation.gov.uk/uksi/2001/497)) as so applied;
- “the RPA 2000” means the Representation of the People Act 2000.
- “*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
@@ -2548,13 +2502,13 @@
- (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](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/32/enacted) of the referendum rules.
- (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)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/3/2/enacted) or [(3)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/3/3/enacted) (as the case may be) applies to the person.
- (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.
@@ -2568,15 +2522,15 @@
- (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.
- (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,
- (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.
- (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—
@@ -2594,17 +2548,17 @@
- (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)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/4/4/a/enacted), [(b)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/4/4/b/enacted) or [(c)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/4/4/c/enacted) and is shown in the record as voting by post, the person may, in respect of the referendum, apply to the registration officer—
- (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)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/4/5/enacted) if—
- (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.
- (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—
@@ -2618,7 +2572,7 @@
- (a) their dates of birth, and
- (b) except in cases where the registration officer in pursuance of sub-paragraph [(7)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/4/7/enacted) has dispensed with the requirement to provide a signature, their signatures.
- (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.
@@ -2630,23 +2584,23 @@
- (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 |
| | *Description of person voting by post* | *Address* |
| --- | --- | --- |
| 1 | A person whose application under paragraph [4(1)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/4/1/enacted) to vote by post in the referendum has been granted. | Address provided in the person’s application under paragraph [4(1)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/4/1/enacted). |
| 2 | A person who— is entitled to vote in the referendum and in a poll that is taken together with the referendum, is included in the postal voters list for that poll, and is not within entry 1 in this table or entry 1 in the table in sub-paragraph [(3)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/5/3/enacted). | Address provided in the application that gave rise to the person being included in the postal voters list or, if the person is included in more than one, the address provided in the latest of those applications. |
| 3 | A person who— is for the time being shown in the record kept under paragraph 3 of Schedule 4 to the RPA 2000 as voting by post at parliamentary elections, and is not within entry 1 or 2 of this table or entry 1 or 2 in the table in sub-paragraph (3). | Address provided in the person’s application under paragraph 3 of Schedule 4 to the RPA 2000 or (as the case may be) paragraph [4(5)(a)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/4/5/a/enacted) above. |
| 4 | A peer who— is for the time being shown in the record kept under paragraph 3 of Schedule 4 to the RPA 2000 as voting by post at local government elections, is not for the time being shown in the record kept under paragraph 3 of Schedule 2 to the European Parliamentary Elections Regulations as voting by post, or was included in that record before being included in the record mentioned in paragraph (a) above, and is not within entry 1 or 2 of this table or entry 1 or 2 in the table in sub-paragraph (3). | Address provided in the peer’s application under paragraph 3 of Schedule 4 to the RPA 2000 or (as the case may be) paragraph [4(5)(a)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/4/5/a/enacted) above. |
| 5 | A peer who— is for the time being shown in the record kept under paragraph 3 of Schedule 2 to the European Parliamentary Elections Regulations as voting by post, is not for the time being shown in the record kept under paragraph 3 of Schedule 4 to the RPA 2000 as voting by post at local government elections, or was included in that record before being included in the record mentioned in paragraph (a) above, and is not within entry 1 or 2 in this table or entry 1 or 2 in the table in sub-paragraph (3). | Address provided in the peer’s application under paragraph 3 of Schedule 2 to the European Parliamentary Elections Regulations or (as the case may be) paragraph [4(5)(a)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/4/5/a/enacted) 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 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. |
- (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)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/5/2/enacted)) whose application under paragraph [4(2)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/4/2/enacted), [(3)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/4/3/enacted) or [(5)(b)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/4/5/b/enacted) to vote by proxy in the referendum has been granted. | Proxy appointed under paragraph [6](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/6/enacted). |
| 2 | A person who— is entitled to vote in the referendum and in a poll that is taken together with the referendum, is included in the list of proxies for that poll, and is not within entry 1 in this table or entry 1 or 2 in the table in sub-paragraph [(2)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/5/2/enacted). | Proxy appointed for the purposes of that poll or, if there is more than one, the proxy appointed for the poll in respect of which the latest of the person’s applications to vote by proxy was made. |
| 3 | A person who— is for the time being shown in the record kept under paragraph 3 of Schedule 4 to the RPA 2000 as voting by proxy at parliamentary elections, and is not within entry 1 or 2 of this table or entry 1 or 2 in the table in sub-paragraph (2). | Proxy appointed under paragraph 6 of Schedule 4 to the RPA 2000 for parliamentary elections. |
| 4 | A peer who— is for the time being shown in the record kept under paragraph 3 of Schedule 4 to the RPA 2000 as voting by proxy at local government elections, is not for the time being shown in the record kept under paragraph 3 of Schedule 2 to the European Parliamentary Elections Regulations as voting by proxy, or was included in that record before being included in the record mentioned in paragraph (a) above, and is not within entry 1 or 2 of this table or entry 1, 2 or 5 in the table in sub-paragraph (2). | Proxy appointed under paragraph 6 of Schedule 4 to the RPA 2000 for local government elections. |
| 5 | A peer who— is for the time being shown in the record kept under paragraph 3 of Schedule 2 to the European Parliamentary Elections Regulations as voting by proxy, is not for the time being shown in the record kept under paragraph 3 of Schedule 4 to the RPA 2000 as voting by proxy at local government elections, or was included in that record before being included in the record mentioned in paragraph (a) above, and is not within entry 1 or 2 in this table or entry 1, 2 or 4 in the table in sub-paragraph (2). | Proxy appointed under paragraph 6 of Schedule 2 to the European Parliamentary Elections Regulations. |
| 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—
@@ -2672,7 +2626,7 @@
- (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)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/4/2/enacted), [(3)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/4/3/enacted) or [(5)(b)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/4/5/b/enacted),
- (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.
@@ -2684,9 +2638,9 @@
- (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)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/5/3/enacted), an appointment under paragraph [6](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/6/enacted);
- (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;
@@ -2714,17 +2668,17 @@
- (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)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/8/6/enacted).
- (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)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/7/2/a/enacted), 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)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/7/2/enacted) [(b)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/7/2/b/enacted), [(c)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/7/2/c/enacted) or [(d)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/7/2/d/enacted) and who—
- (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,
@@ -2736,23 +2690,23 @@
- (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 |
| | *Description of proxy postal voters* | *Address* |
| --- | --- | --- |
| 1 | A proxy whose application under sub-paragraph [(4)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/8/4/enacted) has been granted. | Address provided in the proxy’s application under sub-paragraph [(4)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/8/4/enacted). |
| 2 | A proxy who— was appointed as mentioned in column 3 of entry 2 in the table in paragraph 5(3) for a person mentioned in column 2 of that entry, and is included in the proxy postal voters list for the poll in respect of which that appointment was made. | Address provided in the proxy’s application to vote by post as proxy in that poll. |
| 3 | A proxy who— was appointed as mentioned in column 3 of entry 3 in the table in paragraph [5(3)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/5/3/enacted) for a person mentioned in column 2 of that entry, and is for the time being included in the record kept under paragraph 7(6) of Schedule 4 to the RPA 2000 (record of proxies who have applied to vote by post). | Address provided in the proxy’s application under paragraph 7(4)(a) of Schedule 4 to the RPA 2000 or (as the case may be) sub-paragraph [(5)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/8/5/enacted) above. |
| 4 | A proxy who— was appointed as mentioned in column 3 of entry 4 in the table in paragraph [5(3)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/5/3/enacted) for a peer mentioned in column 2 of that entry, and is for the time being included in the record kept under paragraph 7(6) of Schedule 4 to the RPA 2000 (record of proxies who have applied to vote by post). | Address provided in the proxy’s application under paragraph 7(4)(a) of Schedule 4 to the RPA 2000 or (as the case may be) sub-paragraph [(5)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/8/5/enacted) above. |
| 5 | A proxy who— was appointed as mentioned in column 3 of entry 5 in the table in paragraph [5(3)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/5/3/enacted) for a peer mentioned in column 2 of that entry, and is for the time being included in the record kept under paragraph 7(6) of Schedule 2 to the European Parliamentary Elections Regulations. | Address provided in the proxy’s application under paragraph 7(4)(a) of Schedule 2 to the European Parliamentary Elections Regulations or (as the case may be) sub-paragraph [(5)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/8/5/enacted) above. |
- (7) In the case of a person who has an anonymous entry in a register, the special list mentioned in sub-paragraph [(6)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/8/6/enacted) must contain only—
- (a) the person’s electoral number, and
| 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)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/8/2/enacted) does not prevent a person, at the polling station allotted to him or her, marking a tendered ballot paper in pursuance of rule [32](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/32/enacted) of the referendum rules.
- (9) The registration officer may dispense with the requirement under sub-paragraph [(4)(c)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/8/4/c/enacted) for the applicant to provide a signature if the officer is satisfied that the applicant—
- (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,
@@ -2760,11 +2714,11 @@
- (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)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/8/4/enacted) have been granted showing—
- (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)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/8/9/enacted) has dispensed with the requirement to provide a signature, their signatures.
- (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.
@@ -2778,19 +2732,19 @@
- (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](https://www.legislation.gov.uk/uksi/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](https://www.legislation.gov.uk/uksi/2010/2999)) (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)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/4/8/enacted) and [8(10)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/8/10/enacted) above, or
- (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)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/4/8/enacted) or [8(10)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/8/10/enacted) may be disclosed by the officer to—
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;
@@ -2804,7 +2758,7 @@
- (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](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/4/enacted) knowing—
- (b) attests an application under paragraph 4 knowing—
- (i) that he or she is not authorised to do so, or
@@ -2812,7 +2766,7 @@
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)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/4/1/enacted) or [(2)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/4/2/enacted) or [8(4)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/8/4/enacted) is guilty of an offence.
- (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.
@@ -2824,17 +2778,17 @@
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](https://www.legislation.gov.uk/uksi/2004/1267));
- “Local Elections (Northern Ireland) Order” means the Local Elections (Northern Ireland) Order 1985 ([S.I. 1985/454](https://www.legislation.gov.uk/uksi/1985/454));
- “peer” means a peer who is a member of the House of Lords;
- “relevant register” means— a register of parliamentary electors, or in relation to a peer— a register of local government electors, or a 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](https://www.legislation.gov.uk/uksi/2008/1741)) as applied by Schedule 4;
- “the 1985 Act” means the Representation of the People Act 1985.
- “*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
@@ -2864,17 +2818,17 @@
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](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/32/enacted) of the referendum rules.
- (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)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/3/2/enacted) or [(3)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/3/3/enacted) (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)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/16/2/enacted) 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)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/16/3/enacted) as entitled to vote by proxy in the referendum.
- (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
@@ -2884,29 +2838,29 @@
- (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)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/15/2/enacted) below, and
- (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)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/15/1/e/enacted), the registration officer must be satisfied—
- (a) if the application states a national insurance number, that the requirements of sub-paragraph [(3)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/15/3/enacted) 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.
- (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)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/15/2/a/enacted) 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
- (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)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/15/1/enacted) applies to—
- (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),
@@ -2914,15 +2868,15 @@
- (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)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/4/4/a/enacted), [(b)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/15/4/b/enacted) or [(c)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/4/4/c/enacted) and is shown in the record as voting by post, the person may, in respect of the referendum, apply to the registration officer—
- (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)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/4/5/enacted) 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.
- (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
@@ -2932,23 +2886,23 @@
- (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 |
| | *Description of person voting by post* | *Address* |
| --- | --- | --- |
| 1 | A person whose application under paragraph [15(1)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/15/1/enacted) to vote by post in the referendum has been granted. | Address provided in the person’s application under paragraph [15(1)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/15/1/enacted). |
| 2 | A person who— is entitled to vote in the referendum and in a poll that is taken together with the referendum, is shown in the absent voters list for that poll as voting by post, and is not within entry 1 in this table or entry 1 in the table in sub-paragraph [(3)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/16/3/enacted). | Address provided in the the application that gave rise to the person being included in the absent voters list or, if the person is included in more than one, the address provided in the latest of those applications. |
| 3 | A person who— is for the time being shown in the record kept under section 6 of the 1985 Act as voting by post at parliamentary elections, and is not within entry 1 or 2 of this table or entry 1 or 2 in the table in sub-paragraph (3). | Address provided in the person’s application under section 6 of the 1985 Act or (as the case may be) paragraph [15(5)(a)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/15/5/a/enacted) above. |
| 4 | A peer who— is for the time being shown in the record kept under paragraph 1 of Schedule 2 to the Local Elections (Northern Ireland) Order, is not for the time being shown in the record kept under regulation 8 of the European Parliamentary Elections (Northern Ireland) Regulations as voting by post, or was included in that record before being included in the record mentioned in paragraph (a) above, and is not within entry 1 or 2 of this table or entry 1 or 2 in the table in sub-paragraph (3). | Address provided in the peer’s application under paragraph 1 of Schedule 2 to the Local Elections (Northern Ireland) Order or (as the case may be) paragraph [15(5)(a)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/15/5/a/enacted) above. |
| 5 | A peer who— is for the time being shown in the record kept under regulation 8 of the European Parliamentary Elections (Northern Ireland) Regulations as voting by post, is not for the time being shown in the record kept under paragraph 1 of Schedule 2 to the Local Elections (Northern Ireland) Order, or was included in that record before being included in the record mentioned in paragraph (a) above, and is not within entry 1 or 2 in this table or entry 1 or 2 in the table in sub-paragraph (3). | Address provided in the peer’s application under regulation 8 of the European Parliamentary Elections (Northern Ireland) Regulations or (as the case may be) paragraph [15(5)(a)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/15/5/a/enacted) 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 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)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/5/2/enacted)) whose application under paragraph [15(1)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/15/1/enacted) or [(5)(b)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/15/5/b/enacted) to vote by proxy in the referendum has been granted. | Proxy appointed under paragraph [17](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/17/enacted). |
| 2 | A person who— is entitled to vote in the referendum and in a poll that is taken together with the referendum, is shown in the absent voters list for that poll as voting by proxy, and is not within entry 1 in this table or entry 1 or 2 in the table in sub-paragraph [(2)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/16/2/enacted). | Proxy appointed for the purposes of that poll or, if there is more than one, the proxy appointed for the poll in respect of which the latest of the person’s applications to vote by proxy was made. |
| 3 | A person who— is for the time being shown in the record kept under section 6 of the 1985 Act as voting by proxy at parliamentary elections, and is not within entry 1 or 2 of this table or entry 1 or 2 in the table in sub-paragraph (2). | Proxy appointed under section 8 of the 1985 Act for parliamentary elections. |
| 4 | A peer who— is for the time being shown in the record kept under paragraph 1 of Schedule 2 to the Local Elections (Northern Ireland) Order as voting by proxy, is not for the time being shown in the record kept under regulation 8 of the European Parliamentary Elections (Northern Ireland) Regulations as voting by proxy, or was included in that record before being included in the record mentioned in paragraph (a) above, and is not within entry 1 or 2 of this table or entry 1, 2 or 5 in the table in sub-paragraph (2). | Proxy appointed under paragraph 3 of Schedule 2 to the Local Elections (Northern Ireland) Order. |
| 5 | A peer who— is for the time being shown in the record kept under regulation 8 of the European Parliamentary Elections (Northern Ireland) Regulations as voting by proxy, is not for the time being shown in the record kept under paragraph 1 of Schedule 2 to the Local Elections (Northern Ireland) Order as voting by proxy, or was included in that record before being included in the record mentioned in paragraph (a) above, and is not within entry 1 or 2 in this table or entry 1, 2 or 4 in the table in sub-paragraph (2). | Proxy appointed under regulation 10 of the European Parliamentary Elections (Northern Ireland) Regulations. |
| 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
@@ -2968,7 +2922,7 @@
- (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)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/15/1/enacted) or [(5)(b)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/15/5/b/enacted),
- (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.
@@ -2980,9 +2934,9 @@
- (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)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/16/3/enacted), an appointment under paragraph [17](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/17/enacted);
- (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;
@@ -3010,17 +2964,17 @@
- (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)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/8/6/enacted).
- (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)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/18/2/a/enacted),
- (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
- (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,
@@ -3028,7 +2982,7 @@
- (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)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/18/2/enacted) [(b)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/18/2/b/enacted), [(c)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/18/2/c/enacted) or [(d)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/18/2/d/enacted) and who—
- (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,
@@ -3040,15 +2994,15 @@
- (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 |
| | *Description of proxy postal voters* | *Address* |
| --- | --- | --- |
| 1 | A proxy whose application under sub-paragraph [(4)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/19/4/enacted) has been granted. | Address provided in the proxy’s application under sub-paragraph [(4)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/19/4/enacted). |
| 2 | A proxy who— was appointed as mentioned in column 3 of entry 2 in the table in paragraph [16(3)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/16/3/enacted) for a person mentioned in column 2 of that entry, and is included in the proxy postal voters list for the poll in respect of which that appointment was made. | Address provided in the proxy’s application to vote by post as proxy in that poll. |
| 3 | A proxy who— was appointed as mentioned in column 3 of entry 3 in the table in paragraph [16(3)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/16/3/enacted) for a person mentioned in column 2 of that entry, and is for the time being included in the record kept under section 9(6) of the 1985 Act. | Address provided in the proxy’s application under section 9(4) of the 1985 Act or (as the case may be) sub-paragraph [(5)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/19/5/enacted) above. |
| 4 | A proxy who— was appointed as mentioned in column 3 of entry 4 in the table in paragraph [16(3)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/16/3/enacted) for a peer mentioned in column 2 of that entry, and is for the time being included in the record kept under paragraph 4(5) of Schedule 2 to the Local Elections (Northern Ireland) Order. | Address provided in the proxy’s application under paragraph 4(4) of Schedule 2 to the Local Elections (Northern Ireland) Order or (as the case may be) sub-paragraph [(5)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/19/5/enacted) above. |
| 5 | A proxy who— was appointed as mentioned in column 3 of entry 5 in the table in paragraph [16(3)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/16/3/enacted) for a peer mentioned in column 2 of that entry, and is for the time being included in the record kept under regulation 11(5) of the European Parliamentary Elections (Northern Ireland) Regulations. | Address provided in the proxy’s application under regulation 11(4) of the European Parliamentary Elections (Northern Ireland) Regulations or (as the case may be) sub-paragraph [(5)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/19/5/enacted) above. |
- (7) Sub-paragraph [(2)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/8/2/enacted) does not prevent a person, at the polling station allotted to him or her, marking a tendered ballot paper in pursuance of rule [32](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/32/enacted) of the referendum rules.
| 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
@@ -3058,7 +3012,7 @@
- (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](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/15/enacted) knowing—
- (b) attests an application under paragraph 15 knowing—
- (i) that he or she is not authorised to do so, or
@@ -3066,7 +3020,7 @@
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)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/15/1/enacted) or [19(4)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/19/4/enacted) is guilty of an offence.
- (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.
@@ -3090,87 +3044,10 @@
- (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](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/53/enacted) of the referendum rules.
- (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.
| Provision | Modification |
| --- | --- |
| Section 13C(5) (validity of electoral identity card in Northern Ireland) | For “subsection (4) above and rule 37E(1) in Schedule 1 to this Act” substitute “rule [27](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/27/enacted) of the referendum rules”. |
| Section 47 (loan of equipment) | In subsection (1), for “the returning officer at a local government election” substitute “a counting officer”. |
| Section 47 (loan of equipment) | In subsection (2), for “the returning officer at an election held under those Acts” substitute “a counting officer”. |
| Section 49 (effect of registers) | In subsection (4)— after “this Part” insert “or Part 1 of the Parliamentary Voting System and Constituencies Act 2011”; for “except for the purposes of an election at which” substitute “for the purposes of the referendum unless”. |
| Section 49 (effect of registers) | In subsection (5) omit “prevent the rejection of the vote on a scrutiny, or”. |
| Section 50 (effect of misdescription) | In paragraph (c)— omit “nomination paper,”; for “and the parliamentary election rules” substitute “or Part 1 of the Parliamentary Voting System and Constituencies Act 2011”. |
| Section 52 (discharge of registration duties) | The Secretary of State may give a direction under section 52(1) only if it is in accordance with a recommendation made by the Electoral Commission. |
| Section 52 (discharge of registration duties) | In subsections (1), (2) and (4), after “this Act” insert “and Part 1 of the Parliamentary Voting System and Constituencies Act 2011”. |
| Section 54 (payment of expenses of registration) | In subsection (1), after the first “this Act” insert “or Part 1 of the Parliamentary Voting System and Constituencies Act 2011”. |
| Section 56(3) to (4A) (registration appeals: England and Wales) | In subsection (3)— for “notice of an election is given” substitute “notice of the referendum is given”; for “the election” substitute “the referendum”. |
| Section 56(3) to (4A) (registration appeals: England and Wales) | In subsection (4A), for “that election” substitute “the referendum”. |
| Section 57 (registration appeals: Scotland) | Section 57 applies for the purposes of the referendum only in so far as it applies section 56(3) to (4A). |
| Section 58(3) to (5) (registration appeals: Northern Ireland) | In subsection (3)— for “notice of an election is given” substitute “notice of the referendum is given”; for “the election” substitute “the referendum”. |
| Section 58(3) to (5) (registration appeals: Northern Ireland) | In subsection (5), for “that election” substitute “the referendum”. |
| Section 60 (personation) | In subsection (2), for “at a parliamentary or local government election” substitute “in the referendum”. |
| Section 61 (other voting offences) | For subsections (1) to (4) substitute— 1 A person shall be guilty of an offence if— a he votes in person or by post, whether on his own behalf or as proxy, or applies to vote by proxy or by post on his own behalf, in the referendum, knowing that he is subject to a legal incapacity to vote in the referendum; or b he applies for the appointment of a proxy to vote for him in the referendum knowing that he is or the person to be appointed is subject to a legal incapacity to vote in the referendum; or c he votes, whether in person or by post, as proxy for some other person in the referendum knowing that that person is subject to a legal incapacity to vote. For the purposes of this subsection references to a person being subject to a legal incapacity to vote do not, in relation to things done before polling day, include his being below voting age if he will be of voting age on that day. 2 A person shall be guilty of an offence if— a he votes on his own behalf otherwise than by proxy more than once in the referendum; or b he votes on his own behalf in person in the referendum when he is entitled to vote by post; or c he votes on his own behalf in person in the referendum, knowing that a person appointed to vote as his proxy either has already voted in person or is entitled to vote by post; or d he applies under Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011 for a person to be appointed as his proxy to vote for him without applying for the cancellation of a previous appointment of a third person then in force under that Schedule or without withdrawing a pending application for such an appointment. 3 A person shall be guilty of an offence if— a he votes as proxy for the same person more than once in the referendum; or b he votes in person as proxy for another person in the referendum and he is entitled to vote by post as proxy for that person; or c he votes in person as proxy for another person in the referendum and he knows that other person has already voted in person. 4 A person shall also be guilty of an offence if he votes as proxy for more than two persons of whom he is not the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild. |
| Section 61 (other voting offences) | In subsection (6A), for the words from “ballot paper” to the end substitute “in reliance on Case 3, 4, 5 or 6 in rule [32](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/32/enacted) of the referendum rules.” |
| Section 61 (other voting offences) | Omit subsection (6B). |
| Section 61 (other voting offences) | In subsection (7)— after “section 173 below” insert “(read with paragraph [3](https://www.legislation.gov.uk/ukpga/2011/1/schedule/4/paragraph/3/enacted) of Schedule 4 to the Parliamentary Voting System and Constituencies Act 2011)”; omit paragraph (b). |
| Section 62A(1) to (5) (applications for absent voting: offences) | In subsection (1)(a), omit “at a parliamentary or local government election”. |
| Section 62A(1) to (5) (applications for absent voting: offences) | In subsection (2)(c), for “returning officer” substitute “counting officer”. |
| Section 63 (breach of official duty) | For subsections (3) and (4) substitute— 3 The persons to whom this section applies are— a the Chief Counting Officer and any Regional Counting Officer or counting officer, b any presiding officer or registration officer, c any official designated by a universal postal service provider, and d any deputy of a person mentioned in any of paragraphs (a) to (c) above or any person appointed to assist or in the course of his employment assisting a person so mentioned in connection with his official duties; and “official duty” shall for the purposes of this section be construed accordingly, but shall not include duties imposed otherwise than by Part 1 of the Parliamentary Voting System and Constituencies Act 2011 or the law relating to referendums. 4 Where— a a Regional Counting Officer or counting officer is guilty of an act or omission in breach of his official duty, but b he remedies that act or omission in full by taking steps under paragraph [7](https://www.legislation.gov.uk/ukpga/2011/1/schedule/1/paragraph/7/enacted) of Schedule 1 to the Parliamentary Voting System and Constituencies Act 2011, he shall not be guilty of an offence under subsection (1) above. |
| Section 65 (tampering with papers) | In subsection (1)— for “at a parliamentary or local government election” substitute “in the referendum”; omit paragraph (a); in paragraph (f), for “election” substitute “referendum”. |
| Section 65 (tampering with papers) | For subsection (2) substitute— 2 In Scotland, a person shall be guilty of an offence if— a in the referendum, he forges or counterfeits any ballot paper or the official mark on any ballot paper; or b he fraudulently or without due authority, as the case may be, attempts to do any of those things. |
| Section 65 (tampering with papers) | In subsection (3), for “a returning officer” substitute “the Chief Counting Officer, a Regional Counting Officer, a counting officer”. |
| Section 66(1) to (6) (requirement of secrecy) | In subsection (1), for paragraphs (a) to (d) substitute— a the Chief Counting Officer, and every Regional Counting Officer and counting officer, attending at a polling station, b every deputy of such an officer so attending, c every presiding officer and clerk so attending, d every referendum agent, polling agent and counting agent so attending, and e every person so attending by virtue of any of sections 6A to 6D of the Political Parties, Elections and Referendums Act 2000, . |
| Section 66(1) to (6) (requirement of secrecy) | In subsections (2)(b), (3)(b) and (c), (4)(d) and (5), for “the candidate for whom” substitute “the referendum answer for which”. |
| Section 66(1) to (6) (requirement of secrecy) | In subsection (3)(d), for “the name of the candidate for whom” substitute “the referendum answer for which”. |
| Section 66(1) to (6) (requirement of secrecy) | In subsection (5)— for “blind voter” substitute “voter with disabilities”; at the end insert— “Voter with disabilities” has the meaning given by rule [31(11)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/31/11/enacted) of the referendum rules. |
| Section 66A (prohibition on publication of exit polls) | In subsection (1), for “an election to which this section applies”, and for “the election” (in both places), substitute “the referendum”. |
| Section 66A (prohibition on publication of exit polls) | Omit subsection (2). |
| Section 66A (prohibition on publication of exit polls) | In subsection (4), for the words after “whatever means” substitute— and the reference to a forecast as to the result of the referendum includes a reference to a forecast as to the number or proportion of votes expected to be cast for each answer to the referendum question in any region, voting area or other area. |
| Section 66B (failure to comply with conditions relating to supply etc of documents) | In subsection (1)(a), for “regulations under rule 57 of the parliamentary election rules” substitute “regulations mentioned in rule [52(5)(a)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/52/5/a/enacted) of the referendum rules”. |
| Section 92 (broadcasting from outside UK) | In subsection (1)— for “at a parliamentary or local government election” substitute “in the referendum”; for “the election” substitute “the referendum”. |
| Section 92 (broadcasting from outside UK) | In subsection (2), after “section 173 below” insert “(read with paragraph [3](https://www.legislation.gov.uk/ukpga/2011/1/schedule/4/paragraph/3/enacted) of Schedule 4 to the Parliamentary Voting System and Constituencies Act 2011)”. |
| Section 94(1) (imitation poll cards) | For “the election of any candidate at a parliamentary election or a local government election to which this section applies” substitute “a particular result in the referendum”. |
| Section 97 (disturbances at meetings) | For subsection (2) substitute— 2 This section applies to a meeting held by a permitted participant during the referendum period (within the meaning given by paragraph [1](https://www.legislation.gov.uk/ukpga/2011/1/schedule/1/paragraph/1/enacted) of Schedule 1 to the Parliamentary Voting System and Constituencies Act 2011) in connection with the referendum. |
| Section 99 (officials not to act for candidates) | For subsection (1) substitute— 1 If— a the Chief Counting Officer or any Regional Counting Officer or counting officer, b any officer, deputy or clerk appointed by such a person, c any officer of a local authority whose services have been placed at the disposal of a counting officer or Regional Counting Officer under paragraph 4 of Schedule 1 to the Parliamentary Voting System and Constituencies Act 2011, acts as a referendum agent for a permitted participant, he shall be guilty of an offence. |
| Section 100 (illegal canvassing by police officers) | In subsection (1), for the words after “proxy” substitute “in the referendum”. |
| Section 109 (payments for exhibition of election notices) | In subsection (1), for “the election of a candidate at an election” substitute “a particular result in the referendum”. |
| Section 109 (payments for exhibition of election notices) | In subsection (2), for “an election” substitute “the referendum”. |
| Section 111 (prohibition of paid canvassers) | For “an election” substitute “the referendum” |
| Section 111 (prohibition of paid canvassers) | For “a candidate’s election” substitute “a particular result in the referendum”. |
| Section 112(a) and (c) (providing money for illegal purposes) | |
| Section 113 (bribery) | In subsection (2)— for “the return of any person at an election” (in both places) substitute “a particular result in the referendum”; omit paragraph (iii). |
| Section 113 (bribery) | In subsection (3), for “at any election” (in both places) substitute “in the referendum”. |
| Section 113 (bribery) | In subsections (4), (5) and (6), for “an election” substitute “the referendum”. |
| Section 114 (treating) | In subsection (2), for “an election” substitute “the referendum”. |
| Section 115 (undue influence) | |
| Section 116(a) (rights of creditors) | |
| Section 117(2) (saving for employees to be absent for voting) | For “parliamentary electors” substitute “persons entitled to vote on their own behalf”. |
| Section 117(2) (saving for employees to be absent for voting) | For “at a parliamentary election” substitute “in the referendum”. |
| Section 117(2) (saving for employees to be absent for voting) | In paragraphs (b) and (c), for “any particular candidate at the election” substitute “a particular answer in the referendum”. |
| In section 118 (interpretation), the definitions of “money”, “pecuniary reward” and “payment” | |
| Section 167(1) to (2) (application for relief) | For subsection (1) substitute— 1 An application for relief under this section may be made to the High Court. |
| Section 167(1) to (2) (application for relief) | In subsection (2)(c), omit the words from “in the constituency” to “was held,”. |
| Sections 168(1) and (7), 169 and 170 (prosecutions for corrupt and illegal practices) | |
| Section 175(1) and (3) (prosecution for illegal employment) | |
| Section 176 (time limit for prosecutions) | In subsection (2C), for “rule 57 of the parliamentary elections rules” substitute “rule [52](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/52/enacted) of the referendum rules”. |
| Section 176 (time limit for prosecutions) | In subsection (2D), for paragraph (a) substitute— a directing the registration officer not to cause the documents to be destroyed at the expiry of the period of one year mentioned in rule [52](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/52/enacted) of the referendum rules, . |
| Section 178 (prosecution of offences committed outside the UK) | |
| Section 179 (offences by associations) | Omit paragraph (b). |
| Section 181(1) (Director of Public Prosecutions) | |
| Section 184 (service of notices) | In subsection (1)— for “an election” substitute “the referendum”; omit “or any election court,”; in paragraph (a), omit the words from “in the constituency” to the end. |
| In section 185 (interpretation), the definitions of “payment” and “Licensing Acts” | |
| Section 186 (computation of time) | |
| Section 199B(1) to (9) (translations etc of certain documents) | In subsection (1)— after “this Act” insert “or Part 1 of the Parliamentary Voting System and Constituencies Act 2011”; for “a parliamentary or local government election” substitute “the referendum”. |
| Section 199B(1) to (9) (translations etc of certain documents) | In subsection (4) omit paragraph (a). |
| Section 199B(1) to (9) (translations etc of certain documents) | For subsections (5) and (6) substitute— 5 The counting officer may cause to be displayed at every polling station an enlarged sample copy of the ballot paper. 6 The sample copy mentioned in subsection (5) above— a must have printed on it the words “Vote (X) in one box only” both at the top and immediately below the referendum question, and b below the second occurrence of those words, may include a translation of those words into such other languages as the counting officer thinks appropriate. |
| Section 199B(1) to (9) (translations etc of certain documents) | In subsection (7)— for “returning officer at a parliamentary election or a local government election” substitute “counting officer”; for “the election” substitute “the referendum”. |
| Section 199B(1) to (9) (translations etc of certain documents) | In subsection (9), for “returning officer” substitute “counting officer”. |
| In section 202 (interpretation), the definitions in subsection (1) of “legal incapacity”, “legal process”, “person”, “prescribed” and “universal postal service provider”; andsubsection (2) | In the definition of “prescribed”, after “regulations” insert “applied by Schedule 4 to the Parliamentary Voting System and Constituencies Act 2011”. |
| Section 204(3), (5) and (8) (general application to Scotland) | |
| Section 205 (general application to Northern Ireland) | |
##### 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.
@@ -3199,11 +3076,11 @@
##### 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.”
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.”
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
@@ -3211,11 +3088,11 @@
- (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”;
- (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)](https://www.legislation.gov.uk/ukpga/2011/1/section/7/2/enacted) of the Parliamentary Voting System and Constituencies Act 2011;
> (a) voting area” has the meaning given by section 7(2) of the Parliamentary Voting System and Constituencies Act 2011;
.
@@ -3229,11 +3106,11 @@
##### 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)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/4/paragraph/8/4/enacted) and [(5)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/4/paragraph/8/5/enacted); and for this purpose the relevant regulations are—
- (a) the Representation of the People (England and Wales) Regulations 2001 ([S.I. 2001/341](https://www.legislation.gov.uk/uksi/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](https://www.legislation.gov.uk/uksi/2001/497)) (referred to in this paragraph as “the Scotland Regulations”).
- (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—
@@ -3245,7 +3122,7 @@
- (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](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/53/enacted) of the referendum rules.
- (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).
@@ -3276,138 +3153,11 @@
- (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.
| Provision | Modification |
| --- | --- |
| Regulation 3(1) and (3) (interpretation) | |
| Regulation 4 (forms) | In paragraph (1)— for paragraphs (a) and (b) substitute “applications made under Part 1 of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011 and Part 4 of these Regulations”; “an election” substitute “the referendum”. |
| Regulation 4 (forms) | Paragraph (2) applies for the purposes of the referendum only in so far as it relates to Form K in Schedule 3 to the regulations. |
| Regulation 5 (applications, notices etc) | |
| Regulation 6 (electronic signatures) | |
| Regulation 8 (time) | |
| Regulation 11 (interference with notices etc) | |
| Regulation 32A (representations regarding clerical errors) | |
| Regulation 36(2) and (3) (notices in connection with registration) | In paragraph (2) omit “13A(2) or”. |
| Regulation 36A (communication of notices issued on polling day) | |
| Regulation 50 (interpretation of Part 4) | Omit the definition of “allotted polling station”. |
| Regulation 51 (general requirements for applications for an absent vote) | For “Schedule 4” substitute “Part 1 of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011”. |
| Regulation 51 (general requirements for applications for an absent vote) | In paragraph (2)— in sub-paragraph (b), for “paragraph 7(4) or (7) of Schedule 4” substitute “paragraph [8(4)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/8/4/enacted) or [(5)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/8/5/enacted) of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011”; in sub-paragraph (f), for “paragraph 3, 4 or 7 of Schedule 4” substitute “paragraph [4](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/4/enacted) or [8](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/8/enacted) of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011”. |
| Regulation 51 (general requirements for applications for an absent vote) | Omit paragraph (4). |
| Regulation 51 (general requirements for applications for an absent vote) | For paragraph (5) substitute— 5 An application that is made under Part 1 of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011 for the purposes of the referendum must state that it is so made. |
| Regulation 51A (additional provision concerning requirement that applications for absent vote must be signed) | In sub-paragraph (a)— for “Schedule 4” substitute “Part 1 of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011”; for “returning officer” substitute “counting officer”. |
| Regulation 51AA (additional requirement for applications for ballot paper to be sent to different address from that stated in application) | In paragraph (1)— in sub-paragraph (a), for “paragraph 3(1) or (7) or 4(1) of Schedule 4” substitute “paragraph [4(1)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/4/1/enacted) of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011”; in sub-paragraph (b), for “paragraph 7(4) of Schedule 4” substitute “paragraph [8(4)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/8/4/enacted) of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011”. |
| Regulation 51B (additional requirement for applications for ballot paper to be sent to different address from that shown in records) | In paragraph (1), for sub-paragraphs (a) and (b) substitute “paragraph [4(5)(a)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/4/5/a/enacted) or [8(5)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/8/5/enacted) of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011 by a person shown as voting by post in the record referred to in that provision”. |
| Regulation 52 (additional requirements for applications for appointment of proxy) | For “paragraphs 3 and 4 of Schedule 4” substitute “paragraph [4](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/4/enacted) of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011”. |
| Regulation 55 (additional requirements for applications for proxy to vote in respect of a particular election) | For paragraph (1) substitute— 1 An application under paragraph [4(2)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/4/2/enacted) of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011 to vote by proxy in the referendum shall set out why the applicant’s circumstances on the date of the poll will be or are likely to be such that he cannot reasonably be expected to vote in person at the polling station allotted to him under the referendum rules. |
| Regulation 55 (additional requirements for applications for proxy to vote in respect of a particular election) | In paragraph (2)— for “paragraph 4(2) of Schedule 4” substitute “paragraph [4(2)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/4/2/enacted) of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011”; for “at the election for which it is made” substitute “for the referendum”. |
| Regulation 55 (additional requirements for applications for proxy to vote in respect of a particular election) | In paragraph (4) of the England and Wales Regulations and in paragraph (3A) of the Scotland Regulations— for “paragraph 4(2) of Schedule 4” substitute “paragraph [4(2)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/4/2/enacted) of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011”; for “paragraph 2(5A)” substitute “paragraph [2(6)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/2/6/enacted)”; for “at the election for which it is made” substitute “for the referendum”. |
| Regulation 56 (closing date for applications) | For paragraph (1) substitute— 1 An application under paragraph 3(1), (6) or (7) or 7(4) of Schedule 4 to the 2000 Act or an application under paragraph [8(4)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/8/4/enacted) of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011 shall be disregarded for the purposes of the referendum, and an application under paragraph [4(5)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/4/5/enacted) of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011 shall be refused, if it is received by the registration officer after 5 pm on the eleventh day before the date of the poll for the referendum. |
| Regulation 56 (closing date for applications) | In paragraph (2)— for “a particular parliamentary or local government election” substitute “the referendum”; for “at that election” substitute “for the referendum”. |
| Regulation 56 (closing date for applications) | For paragraphs (3) and (3A) substitute— 3 Subject to paragraph (3A), an application under paragraph [4(2)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/4/2/enacted) or [6(4)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/6/4/enacted) of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011 shall be refused if it is received by the registration officer after 5 pm on the sixth day before the date of the poll for the referendum. 3A Where an application made under paragraph [4(2)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/4/2/enacted) of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011 is made— a on the grounds of the applicant’s disability and the applicant became disabled after 5 pm on the sixth day before the date of the poll for the referendum; or b by a person to whom paragraph [2(6)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/2/6/enacted) of that Schedule applies, the application, or an application under paragraph [6(4)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/6/4/enacted) of that Schedule made by virtue of that application, shall be refused if it is received after 5 pm on the day of the poll for the referendum. |
| Regulation 56 (closing date for applications) | For paragraph (4) substitute— 4 An application under paragraph [4(1)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/4/1/enacted) or [8(5)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/8/5/enacted) of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011 shall be refused if it is received by the registration officer after 5 pm on the eleventh day before the date of the poll for the referendum. |
| Regulation 56 (closing date for applications) | In paragraph (5)— after “paragraph 6(10) of that Schedule by an elector” insert “, or a notice under paragraph [6(6)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/6/6/enacted) of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011 by a person,”; for “a particular parliamentary or local government election” substitute “the referendum”; for “at that election” substitute “for the referendum”. |
| Regulation 56 (closing date for applications) | In paragraph (6), after “bank holiday” insert “or any day appointed as a day of public thanksgiving or mourning”. |
| Regulation 56 (closing date for applications) | For paragraph (7) substitute— 7 In paragraph (6) above “bank holiday” means a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom. |
| Regulation 57 (grant or refusal of applications) | Omit paragraph (3). |
| Regulation 57 (grant or refusal of applications) | In paragraph (4), for “Schedule 4” substitute “Part 1 of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011”. |
| Regulation 57 (grant or refusal of applications) | In paragraph (4A), for sub-paragraphs (a) and (b) substitute— a paragraph [4(5)(a)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/4/5/a/enacted) of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011 by a person shown as voting by post in the record mentioned in that provision; or b paragraph [8(5)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/8/5/enacted) of that Schedule by a person shown as voting by post in the record mentioned in that provision, . |
| Regulation 57 (grant or refusal of applications) | Omit paragraph (4B). |
| Regulation 57 (grant or refusal of applications) | In paragraph (5), for “a particular parliamentary or local government election” substitute “the referendum”. |
| Regulation 57 (grant or refusal of applications) | For paragraph (6) substitute— 6 Where the registration officer is not the counting officer for any voting area or part of a voting area in the area for which he is the registration officer, he shall send to that officer details of any application to vote by post which he has granted as soon as practicable after doing so. |
| Regulation 59 (cancellation of proxy appointment) | For the words from “by notice given” to the end substitute “under paragraph [6(6)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/6/6/enacted) of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011, or otherwise ceases to be in force by virtue of that provision, the registration officer shall notify the person who was the proxy, unless the registration officer has previously been notified by that person that he no longer wishes to act as proxy.” |
| Regulation 60A(7) to (9) (requirement to provide fresh signatures at five yearly intervals) | In paragraph (7), for the words from “from the records” to the end substitute “from the postal voters list, list of proxies or proxy postal voters list (as the case may be) kept under paragraph [5(2)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/5/2/enacted), [5(3)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/5/3/enacted) or [8(6)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/8/6/enacted) of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011”. |
| Regulation 60A(7) to (9) (requirement to provide fresh signatures at five yearly intervals) | In paragraph (8)— in sub-paragraph (a), for “the appropriate rules (as defined in paragraph 1 of Schedule 4)” substitute “the referendum rules”; in sub-paragraph (b), omit “and regulation 58”; in sub-paragraph (b), for “Schedule 4” substitute “Part 1 of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011”. |
| Regulation 60A(7) to (9) (requirement to provide fresh signatures at five yearly intervals) | In paragraph (9), for the words from “removal from” to the end substitute removal from the postal voters list, list of proxies or proxy postal voters list (as the case may be) kept under paragraph [5(2)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/5/2/enacted), [5(3)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/5/3/enacted) or [8(6)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/8/6/enacted) of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011, information— a explaining the effect of such removal; and b reminding the absent voter that he may make a fresh application to vote by post or by proxy (as the case may be). |
| Regulation 61 (records and lists kept under Schedule 4) | In paragraph (1), for the words from “any of the following” to the end substitute “the current or final version of the postal voters list, the list of proxies or the proxy postal voters lists which he is required to keep under paragraph [5(2)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/5/2/enacted), [5(3)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/5/3/enacted) or [8(6)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/8/6/enacted) of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011.” |
| Regulation 61 (records and lists kept under Schedule 4) | In paragraph (5), for “paragraph 5(2) of Schedule 4” substitute “paragraph [5(2)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/5/2/enacted) of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011”. |
| Regulation 61 (records and lists kept under Schedule 4) | In paragraph (6)— in sub-paragraph (a), for “paragraphs 5 and 7(8) of Schedule 4” substitute “paragraphs [5](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/5/enacted) and [8(6)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/8/6/enacted) of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011”; for sub-paragraph (b) substitute— b if he is not the counting officer for any voting area or part of a voting area in the area for which he is the registration officer, send to that officer a copy of those lists and provide any subsequent revised lists or revisions to the lists; . |
| Regulation 61 (records and lists kept under Schedule 4) | In paragraph (7), for “paragraph 5(3) of Schedule 4” substitute “paragraph [5(3)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/5/3/enacted) of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011”. |
| Regulation 61A (conditions on the use, supply and inspection of absent voter records or lists) | For “regulations 61(1)(a) and (b)” substitute “regulation 61(1)”. |
| Regulation 61B (personal identifiers record) | For paragraph (1) substitute— 1 In this regulation “personal identifiers record” means a record kept by a registration officer in pursuance of— a paragraph 3(9) or 7(12) of Schedule 4 to the Representation of the People Act 2000 in relation to persons entitled to vote in the referendum, b paragraph 3(9) or 7(13) of Schedule 2 to the European Parliamentary Elections Regulations 2004 in relation to peers entitled to vote in the referendum, or c paragraph 4(8) or 8(10) of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011. |
| Regulation 61B (personal identifiers record) | In paragraph (3), for sub-paragraph (a) substitute— a any agent attending proceedings on receipt of postal ballot papers, in accordance with regulation 85A(4) or 85B(3)(a). |
| Regulation 62 (marked register for polling stations) | |
| Regulation 64 (interpretation of Part 5) | For the definition of “agent” substitute— “agent”, except in regulation 69, means a referendum agent or an agent appointed under that regulation; . |
| Regulation 64 (interpretation of Part 5) | In the definition of “valid postal voting statement”, for “returning officer” substitute “counting officer”. |
| Regulation 67 (persons entitled to be present at proceedings on issue of postal ballot papers) | For “returning officer” substitute “counting officer”. |
| Regulation 68 (persons entitled to be present at proceedings on receipt of postal ballot papers) | For sub-paragraphs (a) to (c) substitute— a the counting officer and his clerks, b a referendum agent, . |
| Regulation 69 (agents of candidates who may attend proceedings on receipt of postal ballot papers) | Before paragraph (1) insert— A1 A reference in this regulation to a candidate is to be read as a reference to a referendum agent. |
| Regulation 69 (agents of candidates who may attend proceedings on receipt of postal ballot papers) | For “returning officer” (in each place) substitute “counting officer”. |
| Regulation 69 (agents of candidates who may attend proceedings on receipt of postal ballot papers) | Omit paragraph (5). |
| Regulation 70 (notification of requirement of secrecy) | For “returning officer” substitute “counting officer”. |
| Regulation 71 (time when postal ballot papers are to be issued) | For paragraph (1) substitute— 1 In the case of a person within entry 3, 4 or 5 of the table in paragraph [5(2)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/5/2/enacted) of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011 or entry 3, 4 or 5 of the table in paragraph [8(6)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/8/6/enacted) of that Schedule (electors and proxies entitled to vote by post for an indefinite or definite period), no postal ballot paper (and postal voting statement) shall be issued until after 5 pm on the eleventh day before the date of the poll (computed in accordance with regulation 56(6) above). |
| Regulation 71 (time when postal ballot papers are to be issued) | In paragraph (2), for “returning officer” substitute “counting officer”. |
| Regulation 72 (procedure on issue of postal ballot papers) | In paragraph (8), for sub-paragraphs (a) and (b) substitute “as mentioned in column 3 of the table in paragraph [5(2)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/5/2/enacted) or [8(6)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/8/6/enacted) of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011.” |
| Regulation 73 (refusal to issue ballot paper) | For “returning officer” substitute “counting officer”. |
| Regulation 73 (refusal to issue ballot paper) | For “at any one election” substitute “for the referendum”. |
| Regulation 74 (envelopes) | In paragraph (1), for “rule 24 of the elections rules” substitute “rule [12](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/12/enacted) of the referendum rules”. |
| Regulation 75 (sealing up of completed corresponding number lists) | For “returning officer” (in both places) substitute “counting officer”. |
| Regulation 76 (delivery of postal ballot papers) | In paragraph (1)— for “returning officer” substitute “counting officer”; in sub-paragraph (c), for “rule 26(1) of the elections rules” substitute “rule [14](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/14/enacted) of the referendum rules”. |
| Regulation 76 (delivery of postal ballot papers) | In paragraph (2), for “returning officer” substitute “counting officer”. |
| Regulation 77 (spoilt postal ballot papers) | For “returning officer” (in each place) substitute “counting officer”. |
| Regulation 78 (lost postal ballot papers) | For “returning officer” (in each place) substitute “counting officer”. |
| Regulation 79 (alternative means of returning postal ballot paper or postal voting statement) | For “returning officer” (in each place) substitute “counting officer”. |
| Regulation 79 (alternative means of returning postal ballot paper or postal voting statement) | In paragraph (1), for “rule 45(1B) of the rules in Schedule 1 to the 1983 Act” substitute “rule [40(3)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/40/3/enacted) of the referendum rules”. |
| Regulation 79 (alternative means of returning postal ballot paper or postal voting statement) | In paragraph (3), for “rule 43(1) of the elections rules” substitute “rule [38(1)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/38/1/enacted) of the referendum rules”. |
| Regulation 80 (notice of opening of postal ballot paper envelopes) | In paragraph (1)— for “returning officer” substitute “counting officer”; for “candidate” substitute “referendum agent”. |
| Regulation 80 (notice of opening of postal ballot paper envelopes) | In paragraph (2)(b), for “candidate” substitute “referendum agent”. |
| Regulation 81 (postal ballot boxes and receptacles) | For “returning officer” (in each place) substitute “counting officer”. |
| Regulation 81 (postal ballot boxes and receptacles) | In paragraph (2), for the words from “constituency” to the end substitute “voting area”. |
| Regulation 81 (postal ballot boxes and receptacles) | In paragraph (4), after “lock the ballot box” insert “(if it has a lock)”. |
| Regulation 82 (receipt of covering envelope) | For “returning officer” (in both places) substitute “counting officer”. |
| Regulation 83 (opening of postal voters’ ballot box) | In paragraphs (1) and (2), for “returning officer” substitute “counting officer”. |
| Regulation 83 (opening of postal voters’ ballot box) | In paragraph (3), for “rule 45 of the elections rules” substitute “rule [40](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/40/enacted) of the referendum rules”. |
| Regulation 84 (opening of covering envelopes) | For “returning officer” (in each place) substitute “counting officer”. |
| Regulation 84A (confirming receipt of postal voting statements) | For “returning officer” (in each place) substitute “counting officer”. |
| Regulation 85 (procedure in relation to postal voting statements) | For “returning officer” (in each place) substitute “counting officer”. |
| Regulation 85A (procedure in relation to postal voting statements: personal identifier verification) | For “returning officer” (in each place) substitute “counting officer”. |
| Regulation 85B (postal voting statements: additional personal identifier verification) | For “returning officer” (in each place) substitute “counting officer”. |
| Regulation 85B (postal voting statements: additional personal identifier verification) | In paragraph (4), for “lock and reseal the postal ballot box” substitute “lock the postal ballot box (if it has a lock) and reseal it”. |
| Regulation 86 (opening of ballot paper envelopes) | In paragraph (1), for “returning officer” substitute “counting officer”. |
| Regulation 86A (retrieval of cancelled postal ballot papers) | In paragraph (1), for “returning officer” substitute “counting officer”. |
| Regulation 86A (retrieval of cancelled postal ballot papers) | In paragraph (2)(f), for “rule 45 of the elections rules” substitute “rule [40](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/40/enacted) of the referendum rules”. |
| Regulation 86A (retrieval of cancelled postal ballot papers) | In paragraph (3), for “returning officer” substitute “counting officer”. |
| Regulation 87 (list of rejected postal ballot papers) | In paragraph (1), for “In respect of any election, the returning officer” substitute “The counting officer”. |
| Regulation 88 (checking of lists of rejected postal ballot papers) | For “returning officer” (in each place) substitute “counting officer”. |
| Regulation 88 (checking of lists of rejected postal ballot papers) | In paragraph (3), for the words from “in the constituency” to the end substitute “in the voting area under rule [38(4)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/38/4/enacted) of the referendum rules”. |
| Regulation 89 (sealing of receptacles) | In paragraph (1), for “returning officer” substitute “counting officer”. |
| Regulation 91 (forwarding or retention of documents) | For paragraph (1) substitute— 1 The counting officer shall forward to the relevant registration officer appointed, at the same time as he forwards the documents mentioned in rule [50](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/50/enacted) of the referendum rules— a any packets referred to in regulations 75, 77(6), 78(2C), 84(9) and 89 above, endorsing on each packet a description of its contents, the date of the referendum and the name of the voting area, and b a completed statement in Form K of the number of postal ballot papers issued. In this paragraph “relevant registration officer” has the meaning given by rule 50(3) of the referendum rules. |
| Regulation 91 (forwarding or retention of documents) | In paragraph (3), for “returning officer” (in both places) substitute “counting officer”. |
| Regulation 91 (forwarding or retention of documents) | In paragraph (4), for “Rules 56 and 57 of the elections rules” substitute “Rules [51](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/51/enacted) and [52](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/52/enacted) of the referendum rules”. |
| Regulation 91 (forwarding or retention of documents) | In paragraph (5), for “returning officer” substitute “counting officer”. |
| Regulation 92 (interpretation and application of Part 6) | In paragraph (2), omit the definitions of “relevant conditions” and “research purposes”. |
| Regulation 92 (interpretation and application of Part 6) | In the England and Wales Regulations, in paragraph (7), for the words from “under regulations” to the first “may” substitute “under regulation 98 may”. |
| Regulation 92 (interpretation and application of Part 6) | In the England and Wales Regulations, in paragraph (10), for the words from “in regulations” to “below” substitute “in regulation 98(9) below”. |
| Regulation 97 of the Scotland Regulations (supply of free copy of full register for electoral purposes and restrictions on use) | For paragraphs (1) to (6) substitute— 1 By no later than the publication of the notice of a referendum, the registration officer shall supply each relevant counting officer with as many printed copies of the following as he may reasonably require for the purposes of the referendum— a the latest version of the relevant registers, b any notice, published under section 13A(2) or 13B(3), (3B) or (3D) of the 1983 Act, setting out an alteration to the latest version of a relevant register, and c the latest version of the list of overseas electors. 2 In this regulation— “relevant counting officer” in relation to a registration officer— means a counting officer for a voting area that is the same as, or falls wholly or partly within, the registration officer’s registration area, but does not include a counting officer who is the same individual as the registration officer; relevant register” means— the register of parliamentary electors, published under section 13(1) or (3) of the 1983 Act, the register of local government electors, published under section 13(1) or (3) of that Act, or the register of peers, maintained under section 3 of the 1985 Act, and published under section 13(1) or (3) of the 1983 Act (as applied by regulation 13(4) of, and Schedule 4 to, these regulations). 3 If at any time after a registration officer has complied with paragraph (2)— a a revised version of a relevant register is published, b a notice is published, under section 13A(2) or 13B(3), (3B) or (3D) of the 1983 Act, setting out an alteration to the latest version of a relevant register, or c a revised version of the list of overseas electors is published, the registration officer shall supply the counting officer with as many printed copies of the register, notice or list as he may reasonably require for the purposes of the referendum. 4 Where a registration officer is under a duty to supply a counting officer with printed copies of a register, notice or list under this regulation, he must also supply a copy of the register, notice or list in data form. 5 A register, notice or list supplied under this regulation shall be supplied free of charge. |
| Regulation 97 of the Scotland Regulations (supply of free copy of full register for electoral purposes and restrictions on use) | In paragraph (7)— for “the register” substitute “any register”; for “an election” substitute “the referendum”. |
| Regulation 98 of the England and Wales Regulations (supply of free copy of full register for electoral purposes and restrictions on use) | For paragraphs (1) to (8) substitute— 1 By no later than the publication of the notice of a referendum, the registration officer shall supply each relevant counting officer with as many printed copies of the following as he may reasonably require for the purposes of the referendum— a the latest version of the relevant registers, b any notice, published under section 13A(2) or 13B(3), (3B) or (3D) of the 1983 Act, setting out an alteration to the latest version of a relevant register, and c the latest version of the list of overseas electors. 2 In this regulation— “relevant counting officer” in relation to a registration officer— means a counting officer for a voting area that is the same as, or falls wholly or partly within, the registration officer’s registration area, but does not include a counting officer who is the same individual as the registration officer; relevant register” means— the register of parliamentary electors, published under section 13(1) or (3) of the 1983 Act, the register of local government electors, published under section 13(1) or (3) of that Act, or the register of peers, maintained under section 3 of the 1985 Act, and published under section 13(1) or (3) of the 1983 Act (as applied by regulation 13(4) of, and Schedule 4 to, these regulations). 3 If at any time after a registration officer has complied with paragraph (2)— a a revised version of a relevant register is published, b a notice is published, under sections 13A(2) or 13B(3), (3B) or (3D) of the 1983 Act, setting out an alteration to the latest version of a relevant register, or c a revised version of the list of overseas electors is published, the registration officer shall supply the counting officer with as many printed copies of the register, notice or list as he may reasonably require for the purposes of the referendum. 4 Where a registration officer is under a duty to supply a counting officer with printed copies of a register, notice or list under this regulation, he must also supply a copy of the register, notice or list in data form. 5 A register, notice or list supplied under this regulation shall be supplied free of charge. |
| Regulation 98 of the England and Wales Regulations (supply of free copy of full register for electoral purposes and restrictions on use) | In paragraph (9)— for “the register” substitute “any register”; for “an election” substitute “the referendum”. |
| Regulation 115 (offences) | In the England and Wales Regulations, for paragraph (2) substitute— 2 The provisions are regulations 61(3) and (14), 92(9) and 98(9). |
| Regulation 115 (offences) | In the Scotland Regulations, for paragraph (2) substitute— 2 The provisions are regulations 61(3) and (14) and 97(7). |
| Regulation 116 (interpretation of Part 7) | In the England and Wales Regulations, in paragraph (1), for “rule 55(1)(e) of the elections rules” substitute “by virtue of rule [50(2)(f)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/50/2/f/enacted) of the referendum rules”. |
| Regulation 116 (interpretation of Part 7) | In the England and Wales Regulations, after paragraph (1) insert— 1A In this Part references to “the relevant registration officer” have the meaning given by rule [50(3)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/50/3/enacted) of the referendum rules. |
| Regulation 116 (interpretation of Part 7) | In the Scotland Regulations, in paragraph (1)— for “returning officer” substitute “counting officer”; for “rule 58 of the elections rules” substitute “by virtue of rule [50(2)(f)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/50/2/f/enacted) of the referendum rules”. |
| Regulation 116 (interpretation of Part 7) | In the Scotland Regulations, in paragraph (4), for “returning officer” substitute “counting officer”. |
| Regulation 117 (supply of marked registers and lists after an election) | In the England and Wales Regulations, in paragraph (1)— for the words from “regulation 100” to “local government election” substitute “regulation 100, 106, 109 or 113 with copies of the full register”; at the end insert— The reference to a person entitled to be supplied in accordance with regulation 106 with copies of the full register does not include a person mentioned in regulation 106(1)(b). |
| Regulation 117 (supply of marked registers and lists after an election) | In the England and Wales Regulations, in paragraph (2)— for “regulation 103, 105, 106 or 108 before a particular election” substitute “regulation 106(1)(a) or (c) before the referendum”; for “that election for which the marked register or list was prepared” substitute “the referendum”. |
| Regulation 117 (supply of marked registers and lists after an election) | In the England and Wales Regulations, in paragraph (6)(b), for “regulations 100, 103, 105, 106, 108, 109 or 113” substitute “regulations 100, 106, 109 and 113”. |
| Regulation 117 (supply of marked registers and lists after an election) | In the England and Wales Regulations, in paragraph (7), for “regulations 100(3), 103(3), 105(4), 106(3), 108(5) and 109(3)” substitute “regulations 100(3), 106(3) and 109(3)”. |
| Regulation 117 (supply of marked registers and lists after an election) | In the Scotland Regulations, for “returning officer” (in each place) substitute “counting officer”. |
| Regulation 117 (supply of marked registers and lists after an election) | In the Scotland Regulations, in paragraph (1)— for the words from “regulation 99” to “parliamentary election” substitute “regulation 99, 105, 108 and 112 with copies of the full register”; at the end insert— The reference to a person entitled to be supplied in accordance with regulation 105 with copies of the full register does not include a person mentioned in regulation 105(1)(b). |
| Regulation 117 (supply of marked registers and lists after an election) | In the Scotland Regulations, in paragraph (2)— for “regulation 102, 104, 105 or 107 before a particular election” substitute “regulation 105(1) or (c) before the referendum”; for “that election for which the marked register or list was prepared” substitute “the referendum”. |
| Regulation 117 (supply of marked registers and lists after an election) | In the Scotland Regulations, in paragraph (6)(b), for “regulations 99, 102, 104, 105, 107, 108 or 112” substitute “regulations 99, 105, 108 and 112”. |
| Regulation 117 (supply of marked registers and lists after an election) | In the Scotland Regulations, in paragraph (7), for “regulation 99(3), 102(3), 104(4), 105(3), 107(5) or 108(3)” substitute “regulation 99(3), 105(3) or 108(3)”. |
| Regulation 118 (inspection of documents open to public inspection) | In paragraph (1)(b)— for “an election” substitute “the referendum”; in paragraph (iii), for “election” substitute “referendum”. |
| Regulation 118 (inspection of documents open to public inspection) | In the Scotland Regulations, for “returning officer” (in each place) substitute “counting officer”. |
| Regulation 119 (conditions on the use, supply and disclosure of documents open to public inspection) | In paragraph (2), omit “either” and after paragraph (ii) insert , or iii any purpose in connection with the referendum. |
| Regulation 120 (calculating the fee for supply of marked registers or lists) | |
| In Schedule 3, Form K | For the heading substitute “REFERENDUM ON THE VOTING SYSTEM FOR UNITED KINGDOM PARLIAMENTARY ELECTIONS”. |
| In Schedule 3, Form K | For “constituency” substitute “voting area”. |
| In Schedule 3, Form K | For “returning officer” (in each place) substitute “counting officer”. |
## 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](https://www.legislation.gov.uk/uksi/2008/1741)) listed in the first column of the table apply for the purposes of the referendum.
- (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—
@@ -3419,7 +3169,7 @@
- (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](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/53/enacted) of the referendum rules.
- (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—
@@ -3430,107 +3180,25 @@
- (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.
| Provision | Modification |
## 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* |
| --- | --- |
| Regulation 3 (interpretation) | |
| Regulation 4 (forms) | In paragraph (1), for “an election” substitute “the referendum”. |
| Regulation 4 (forms) | Paragraph (2) applies for the purposes of the referendum only in so far as it relates to Form N in Schedule 3 to the regulations. |
| Regulation 5 (applications, notices etc) | |
| Regulation 6 (electronic signatures) | |
| Regulation 8 (time) | |
| Regulation 11 (interference with notices etc) | |
| Regulation 25 (alteration of registers under section 13BA(3) of the 1983 Act) | |
| Regulation 40 (representations regarding clerical errors) | |
| Regulation 44(2) and (3) (notices in connection with registration) | In paragraph (2) omit “13A(2) or”. |
| Regulation 45 (communication of notices issued on polling day) | In paragraph (3), for “returning officer” substitute “counting officer”. |
| Regulation 54 (interpretation of Part 4) | In the definition of “his allotted polling station”, for “elections rules” substitute “referendum rules”. |
| Regulation 55 (general requirements for applications for an absent vote) | In paragraph (1), for “section 6, 7, 8 or 9 of the 1985 Act” substitute “Part 2 of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011”. |
| Regulation 55 (general requirements for applications for an absent vote) | In paragraph (2)— for “section 6(1) or 7(1)” substitute “paragraph [15(1)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/15/1/enacted) or [19(4)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/19/4/enacted) of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011”; for “section 6(1)(ba) to (bc) or section 7(1)(ba) to (bc) of the 1985 Act” substitute “paragraph [15(1)(c)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/15/1/c/enacted) to [(e)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/15/1/e/enacted) or [19(4)(d)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/19/4/d/enacted) of that Schedule”; in sub-paragraph (b), for “section 9 of the 1985 Act” substitute “paragraph [19(4)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/19/4/enacted) of that Schedule”; in sub-paragraph (d), for “section 6(1), 7(1) or 9(4) or (7) of the 1985 Act” substitute “paragraph [15(1)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/15/1/enacted) of that Schedule”. |
| Regulation 55A (additional requirement for applications for ballot paper to be sent to different address from that shown in register) | In paragraph (1)— omit sub-paragraph (a); in sub-paragraph (b), for “section 7(1) of the 1985 Act, the address provided in accordance with section 7(5) of that Act” substitute “paragraph [15(1)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/15/1/enacted) of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011, the address provided in accordance with paragraph [15(7)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/15/7/enacted) of that Schedule”; omit sub-paragraph (c). |
| Regulation 55A (additional requirement for applications for ballot paper to be sent to different address from that shown in register) | In paragraph (2), for “the provisions of the 1985 Act mentioned above” substitute “paragraph [15(7)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/15/7/enacted) of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011”. |
| Regulation 55B (additional requirement for applications for ballot paper to be sent to different address from that shown in records) | For sub-paragraphs (a) and (b) substitute “paragraph [15(5)(a)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/15/5/a/enacted) or [19(5)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/19/5/enacted) of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011 by a person (“A”) shown as voting by post in the record mentioned there”. |
| Regulation 56 (additional requirements for applications for appointment of proxy) | For “section 8(6) or (7) of the 1985 Act” substitute “paragraph [17(4)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/17/4/enacted) of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011”. |
| Regulation 59 (additional requirement for applications in respect of a particular election) | For paragraph (1) substitute— 1 An application under paragraph [15(1)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/15/1/enacted) of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011 shall set out why the applicant’s circumstances on the date of the poll will be or are likely to be such that he cannot reasonably be expected to vote in person at the polling station allotted to him under the referendum rules. |
| Regulation 59 (additional requirement for applications in respect of a particular election) | In paragraphs (2)(d) and (3)(d) omit the words from “in respect of the election” to the end. |
| Regulation 59 (additional requirement for applications in respect of a particular election) | In paragraphs (4), (6) and (8), for “section 7(1) of the 1985 Act” substitute “paragraph [15(1)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/15/1/enacted) of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011”. |
| Regulation 59 (additional requirement for applications in respect of a particular election) | In paragraph (6)(a), for “the election in question” substitute “the referendum”. |
| Regulation 59 (additional requirement for applications in respect of a particular election) | In paragraph (8), for sub-paragraph (b) substitute— b in which the circumstances set out in accordance with paragraph (1) relate to the applicant’s employment either as a constable or by a counting officer on the date of the poll for the referendum for a purpose connected with the referendum; . |
| Regulation 60 (additional requirements for applications by proxies to vote by post at a particular election) | For “section 9(7) of the 1985 Act” substitute “paragraph [19(4)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/19/4/enacted) of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011”. |
| Regulation 60 (additional requirements for applications by proxies to vote by post at a particular election) | For “elections rules” substitute “referendum rules”. |
| Regulation 61 (closing date for applications) | For paragraphs (1) to (3) substitute— 1 An application under section 6(1) or (5), 8(6) or 9(4) of the 1985 Act shall be disregarded for the purposes of the referendum if it is received by the registration officer after 5 pm on the fourteenth day before the date of the poll for the referendum. 2 Subject to paragraph (3), an application under paragraph [15(1)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/15/1/enacted) or [(5)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/15/5/enacted), [17(4)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/17/4/enacted) or [19(4)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/19/4/enacted) or [(5)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/19/5/enacted) of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011 shall be refused if it is received by the registration officer after 5 pm on the fourteenth day before the day of the poll for the referendum. 3 Paragraph (2) shall not apply to an application which satisfies the requirements of either paragraphs (6) and (7) or paragraph (8) of regulation 59; and such an application shall be refused if it is received by the registration officer after 5 pm on the sixth day before the day of the poll for the referendum. |
| Regulation 61 (closing date for applications) | In paragraph (4)— after “section 8(9) of that Act by an elector” insert “, or a notice under paragraph [17(6)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/17/6/enacted) of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011 by a person,”; for “a particular election” substitute “the referendum”; for “at that election” substitute “for the referendum”. |
| Regulation 61 (closing date for applications) | For paragraph (6) substitute— 6 In paragraph (5) “bank holiday” means a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom. |
| Regulation 62 (grant or refusal of applications) | In paragraph (1), for “section 6, 7, 8 or 9 of the 1985 Act” substitute “Part 2 of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011”. |
| Regulation 62 (grant or refusal of applications) | Omit paragraph (3). |
| Regulation 62 (grant or refusal of applications) | For paragraph (4) substitute— 4 Where the registration officer refuses an application under Part 2 of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011 he shall notify the applicant of his decision. |
| Regulation 62 (grant or refusal of applications) | In paragraph (5), for “a particular election” substitute “the referendum”. |
| Regulation 64 (cancellation of proxy appointment) | For the words from “by notice” to the end substitute “under paragraph [17(6)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/17/6/enacted) of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011, or otherwise ceases to be in force by virtue of that provision, the registration officer shall notify the person who was the proxy, unless the registration officer has previously been notified by that person that he no longer wishes to act as proxy.” |
| Regulation 66(1) and (3) (records and lists kept under sections 6, 7 and 8 of the 1985 Act) | For “sections 7(4) and 9(9) of the 1985 Act” substitute “paragraphs [16(2)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/16/2/enacted) or [(3)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/16/3/enacted) or [19(6)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/19/6/enacted) of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011”. |
| Regulation 70 (interpretation of Part 5) | In the definition of “absent voters list”, for “section 7(4) of the 1985 Act” substitute “‘paragraph [16(2)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/16/2/enacted) of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011”. |
| Regulation 70 (interpretation of Part 5) | For the definition of “agent” substitute— “agent”, except in regulation 73, means a referendum agent or an agent appointed under that regulation; . |
| Regulation 70 (interpretation of Part 5) | In the definition of “list of postal proxies”, for “section 9(9) of the 1985 Act” substitute “paragraph [19(6)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/19/6/enacted) of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011”. |
| Regulation 72 (persons entitled to be present at proceedings on issue and receipt of postal ballot papers) | For “a parliamentary election” substitute “the referendum”. |
| Regulation 72 (persons entitled to be present at proceedings on issue and receipt of postal ballot papers) | For sub-paragraphs (a) to (c) substitute— a the counting officer and his clerks, b a referendum agent, . |
| Regulation 73 (agents of candidates who may attend proceedings on issue or receipt of postal ballot papers) | Before paragraph (1) insert— A1 A reference in this regulation to a candidate is to be read as a reference to a referendum agent. |
| Regulation 73 (agents of candidates who may attend proceedings on issue or receipt of postal ballot papers) | For “returning officer” (in each place) substitute “counting officer”. |
| Regulation 73 (agents of candidates who may attend proceedings on issue or receipt of postal ballot papers) | Omit paragraph (6). |
| Regulation 74 (notification of requirement of secrecy) | For “returning officer” substitute “counting officer”. |
| Regulation 75 (notice of issue of postal ballot papers) | In paragraphs (1) and (2)— for “returning officer” substitute “counting officer”; for “candidate” (in each place) substitute “referendum agent”. |
| Regulation 76 (procedure on issue of postal ballot papers) | In paragraph (5)(b), for “section 9(9) of the 1985 Act” substitute “paragraph [19(6)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/19/6/enacted) of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011”. |
| Regulation 77 (refusal to issue postal ballot paper) | For “returning officer” substitute “counting officer”. |
| Regulation 78 (envelopes) | In paragraph (1), for “rule 24 of the elections rules” substitute “rule [12](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/12/enacted) of the referendum rules”. |
| Regulation 79 (sealing up of completed corresponding number lists) | For “returning officer” (in each place) substitute “counting officer”. |
| Regulation 80 (delivery of postal ballot papers) | In paragraph (1)— for “returning officer” substitute “counting officer”; in sub-paragraph (c), for “rule 26(1) of the elections rules” substitute “rule [14](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/14/enacted) of the referendum rules”. |
| Regulation 80 (delivery of postal ballot papers) | In paragraph (2), for “returning officer” substitute “counting officer”. |
| Regulation 81 (spoilt postal ballot papers) | For “returning officer” (in each place) substitute “counting officer”. |
| Regulation 82 (notice of opening of postal ballot paper envelopes) | In paragraph (1)— for “returning officer” substitute “counting officer”; for “candidate” substitute “referendum agent”. |
| Regulation 82 (notice of opening of postal ballot paper envelopes) | In paragraph (2), for “candidate” substitute “referendum agent”. |
| Regulation 83 (postal ballot boxes and receptacles) | For “returning officer” (in each place) substitute “counting officer”. |
| Regulation 83 (postal ballot boxes and receptacles) | In paragraph (2), for the words “constituency for which the election is held” substitute “voting area”. |
| Regulation 83 (postal ballot boxes and receptacles) | In paragraph (4), after “lock the postal ballot box” insert “(if it has a lock)”. |
| Regulation 84 (receipt of covering envelope) | For “returning officer” substitute “counting officer”. |
| Regulation 85 (opening of postal voters’ ballot box) | In paragraphs (1) and (2), for “returning officer” substitute “counting officer”. |
| Regulation 85 (opening of postal voters’ ballot box) | In paragraph (3), for “rule 45 of the elections rules” substitute “rule [40](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/40/enacted) of the referendum rules”. |
| Regulation 86 (opening of covering envelopes) | For “returning officer” (in each place) substitute “counting officer”. |
| Regulation 86 (opening of covering envelopes) | After paragraph (4) insert— 5 Where an envelope opened in accordance with paragraph (1) contains a declaration of identity (whether separate or not), the counting officer must place a mark in the marked copy of the postal voters list or the proxy postal voters list in a place corresponding to the number of the elector to denote that a postal vote has been returned. 6 A mark made under paragraph (5) must be distinguishable from and must not obscure the mark made under regulation 76. 7 As soon as practicable after the last covering envelope has been opened, the counting officer must make up into a packet the copy of the postal voters list and the proxy postal voters list that has been marked in accordance with paragraph (5) and must seal the packet. |
| Regulation 87 (procedure in relation to declarations of identity) | For “returning officer” (in each place) substitute “counting officer”. |
| Regulation 87 (procedure in relation to declarations of identity) | In paragraph (1)(b), for “rule 45(2)(b) and (2A) of the elections rules)” substitute “rule [40(4)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/40/4/enacted)(b) and (5) of the referendum rules”. |
| Regulation 88 (opening of ballot paper envelopes) | In paragraph (1), for “returning officer” substitute “counting officer”. |
| Regulation 89 (sealing of receptacles) | For “returning officer” substitute “counting officer”. |
| Regulation 91 (forwarding of documents) | For paragraph (1) substitute— 1 The Chief Electoral Officer for Northern Ireland shall retain, together with the documents mentioned in rule [50](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/50/enacted) of the referendum rules— a any packets referred to in regulations 79, 81(5) and 89, endorsing on each packet a description of its contents, the date of the referendum and the name of the voting area; and b a completed statement in Form N. |
| Regulation 91 (forwarding of documents) | For “returning officer” (in each place) substitute “counting officer”. |
| Regulation 91 (forwarding of documents) | In paragraph (2), for the words from “and endorse” to the end substitute “, endorse the packet as mentioned in paragraph (1)(a) and retain the packet”. |
| Regulation 91 (forwarding of documents) | For paragraph (3) substitute— 3 Rules 51 and 52 of the referendum rules shall apply to any packet or document retained under this regulation. |
| Regulation 115 (interpretation of Part 7) | In paragraph (1), for “rule 57(1A) of the elections rules” substitute “rule [50(1)(b)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/50/1/b/enacted) of the referendum rules”. |
| Regulation 116 (supply of marked registers and lists after an election) | In paragraph (1)— for the words from “regulation 99” to “local government election” substitute “regulations 99, 105, 107 or 111, with copies of the full register”; at the end insert— The reference to a person entitled to be supplied in accordance with regulation 105 with copies of the full register does not include a person mentioned in regulation 105(1)(b). |
| Regulation 116 (supply of marked registers and lists after an election) | In paragraph (2)— for the words from “regulation 102” to “particular election” substitute “regulation 105(1)(a) or (c) applies before the referendum”; for “that election” substitute “the referendum”. |
| Regulation 116 (supply of marked registers and lists after an election) | In paragraph (6)(b), for “regulations 99, 102, 104, 105, 106, 107 or 111” substitute “regulations 99, 105, 107 and 111”. |
| Regulation 117 (inspection of documents open to public inspection) | In paragraph (1)(b), for “an election” substitute “the referendum”. |
| Regulation 118 (conditions on the use, supply and disclosure of documents open to public inspection) | In paragraph (2) omit “either” and at the end insert “or any purpose in connection with the referendum”. |
| Regulation 119 (fees relating to the supply of marked registers and lists) | |
| In Schedule 3, Form N | For the heading substitute “REFERENDUM ON THE VOTING SYSTEM FOR UNITED KINGDOM PARLIAMENTARY ELECTIONS”. |
| In Schedule 3, Form N | For “constituency” substitute “voting area”. |
| In Schedule 3, Form N | For “returning officer” (in each place) substitute “counting officer”. |
## 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](https://www.legislation.gov.uk/uksi/2007/2089)). |
| “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. |
@@ -3540,19 +3208,19 @@
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](https://www.legislation.gov.uk/uksi/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](https://www.legislation.gov.uk/uksi/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](https://www.legislation.gov.uk/uksi/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](https://www.legislation.gov.uk/uksi/2006/3305)).
- “*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
@@ -3560,7 +3228,7 @@
- (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](https://www.legislation.gov.uk/uksi/2004/294)) (so far as relating to relevant elections).
- (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.
@@ -3572,8 +3240,8 @@
> (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](https://www.legislation.gov.uk/uksi/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)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/5/paragraph/44/1/enacted) or [(3)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/5/paragraph/44/3/enacted) of Schedule 5 to the Parliamentary Voting System and Constituencies Act 2011;
> (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.
@@ -3613,7 +3281,7 @@
- (4) In relation to the referendum, expressions used in the regulations are to be construed in accordance with the following table.
| Expression | Meaning |
| *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. |
@@ -3624,7 +3292,7 @@
##### 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.
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
@@ -3776,7 +3444,7 @@
- (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.
- (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—
@@ -3910,7 +3578,7 @@
##### 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”.
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
@@ -3998,13 +3666,13 @@
- (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—
- (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—
- (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,
@@ -4032,7 +3700,7 @@
- (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—
- (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,
@@ -4062,13 +3730,13 @@
- (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—
- (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—
- (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,
@@ -4096,13 +3764,13 @@
- (1) If the counting officer thinks fit, a single tendered votes list 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—
- (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 “tendered votes list” means a list compiled under—
- (3) In this paragraph “*tendered votes list*” means a list compiled under—
- (a) rule 33(7) of the referendum rules,
@@ -4130,13 +3798,13 @@
- (1) If the counting officer thinks fit, a single list of persons to whom ballot papers are delivered in consequence of late alterations to the register may be used for the purposes of the referendum and the relevant elections.
- (2) Where a person’s entry in that list does not relate to the referendum and each relevant election the entry must—
- (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 persons to whom ballot papers are delivered in consequence of late alterations to the register” means a list compiled under—
- (3) In this paragraph “*list of persons to whom ballot papers are delivered in consequence of late alterations to the register*” means a list compiled under—
- (a) rule 36 of the referendum rules,
@@ -4204,19 +3872,19 @@
##### 38
- (1) The counting officer must make arrangements for counting the ballot papers and carrying out the other functions conferred by paragraph [42](https://www.legislation.gov.uk/ukpga/2011/1/schedule/5/paragraph/42/enacted) in the presence of the counting agents.
- (2) The counting officer must give the counting agents notice in writing of the time and place at which the proceedings under paragraph [42](https://www.legislation.gov.uk/ukpga/2011/1/schedule/5/paragraph/42/enacted) will begin.
- (3) A person may be present at the proceedings under paragraph [42](https://www.legislation.gov.uk/ukpga/2011/1/schedule/5/paragraph/42/enacted) only if—
- (1) The counting officer must make arrangements for counting the ballot papers and carrying out the other functions conferred by paragraph 42 in the presence of the counting agents.
- (2) The counting officer must give the counting agents notice in writing of the time and place at which the proceedings under paragraph 42 will begin.
- (3) A person may be present at the proceedings under paragraph 42 only if—
- (a) the person is entitled to be present at the counting of the votes for the referendum or a relevant election, or
- (b) the person is permitted by the counting officer to attend.
- (4) The counting officer may give a person permission under sub-paragraph [(3)(b)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/5/paragraph/38/3/b/enacted) only if—
- (a) the officer is satisfied that the person’s attendance will not impede the efficient conduct of the proceedings, and
- (4) The counting officer may give a person permission under sub-paragraph (3)(b) only if—
- (a) the officer is satisfied that the person's attendance will not impede the efficient conduct of the proceedings, and
- (b) the officer has consulted the referendum agents and election agents or thought it impracticable to do so.
@@ -4226,7 +3894,7 @@
- (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.
the officer can give them consistently with the orderly conduct of the proceedings and the discharge of the officer's duties.
##### 39
@@ -4234,7 +3902,7 @@
##### 40
- (1) The returning officer for a relevant election must make arrangements for counting the votes in the presence of the counting agents for the relevant election as soon as practicable after receiving the ballot papers from the counting officer under paragraph [43](https://www.legislation.gov.uk/ukpga/2011/1/schedule/5/paragraph/43/enacted).
- (1) The returning officer for a relevant election must make arrangements for counting the votes in the presence of the counting agents for the relevant election as soon as practicable after receiving the ballot papers from the counting officer under paragraph 43.
- (2) The returning officer must give the counting agents for the relevant election notice in writing of the time and place at which the counting of the votes for the relevant election will begin.
@@ -4244,9 +3912,9 @@
- (b) the person would be entitled to be present at the counting of votes for the relevant election if it were taken on its own.
- (4) The returning officer may give a person permission under sub-paragraph [(3)(a)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/5/paragraph/40/3/a/enacted) only if—
- (a) the officer is satisfied that the person’s attendance will not impede the efficient counting of the votes, and
- (4) The returning officer may give a person permission under sub-paragraph (3)(a) 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 election agents or thought it impracticable to do so.
@@ -4256,13 +3924,13 @@
- (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.
the officer can give them consistently with the orderly conduct of the proceedings and the discharge of the officer's duties.
- (6) In particular, where the votes are counted by sorting the ballot papers into lots according to the votes marked on them and then counting the number of ballot papers in each lot, the counting agents for the relevant election are entitled to satisfy themselves that the ballot papers are correctly sorted.
##### 41
Paragraphs [38](https://www.legislation.gov.uk/ukpga/2011/1/schedule/5/paragraph/38/enacted) and [40](https://www.legislation.gov.uk/ukpga/2011/1/schedule/5/paragraph/40/enacted) apply instead of—
Paragraphs 38 and 40 apply instead of—
- (a) rule 44 of the Local Elections (Combination of Polls) Rules;
@@ -4298,7 +3966,7 @@
- (5) The counting officer must, in the presence of the referendum agents and the election agents for the relevant elections—
- (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);
- (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 separate statement as to the result of the verification in relation to each poll.
@@ -4334,13 +4002,13 @@
- (a) those ballot papers must be sealed into packets, each of which must be endorsed with a description of its contents, and
- (b) the packets may not be opened until the counting officer begins dealing with the ballot papers in those packets under paragraph [44(1)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/5/paragraph/44/1/enacted).
- (b) the packets may not be opened until the counting officer begins dealing with the ballot papers in those packets under paragraph 44(1).
- (4) If, in respect of a relevant election, none of the ballot papers have been delivered under sub-paragraph (1) by the time the statements as to the result of the verification of the ballot paper accounts in relation to all the polls are prepared—
- (a) the ballot papers for that election must be sealed into packets, each of which must be endorsed with a description of its contents, and
- (b) the packets may not be opened until the returning officer begins dealing with the ballot papers in those packets under paragraph [44(3)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/5/paragraph/44/3/enacted).
- (b) the packets may not be opened until the returning officer begins dealing with the ballot papers in those packets under paragraph 44(3).
#### Counting of votes
@@ -4374,11 +4042,11 @@
- (6) During the time so excluded the counting or returning officer must—
- (a) place the ballot papers and other documents relating to the referendum or relevant election under the officer’s own seal and the seals of any of the counting agents who want to affix their seals, and
- (a) place the ballot papers and other documents relating to the referendum or relevant election 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.
- (7) This paragraph and paragraph [45](https://www.legislation.gov.uk/ukpga/2011/1/schedule/5/paragraph/45/enacted) apply instead of—
- (7) This paragraph and paragraph 45 apply instead of—
- (a) rule 45 of the Local Elections (Combination of Polls) Rules;
@@ -4442,7 +4110,7 @@
- (3) Except for the purposes of this paragraph, those rules have effect as if they did not include a reference to the specified documents (and as if paragraph (2) were omitted).
- (4) Regulation 116(1) of the Representation of the People (England and Wales) Regulations 2001 ([S.I. 2001/341](https://www.legislation.gov.uk/uksi/2001/341)) has effect in relation to a relevant election as if the reference to documents forwarded under rule 55(1)(e) of the elections rules were to documents forwarded under rule [50(1)(a)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/50/1/a/enacted) of the referendum rules as applied by this paragraph.
- (4) Regulation 116(1) of the Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341) has effect in relation to a relevant election as if the reference to documents forwarded under rule 55(1)(e) of the elections rules were to documents forwarded under rule 50(1)(a) of the referendum rules as applied by this paragraph.
- (5) Nothing in this paragraph prevents the following provisions from applying to the specified documents—
@@ -4454,7 +4122,7 @@
- (d) rule 58 of the Mayoral Elections (Combination of Polls) Rules.
- (6) Each of the following provisions has effect as if for “by this rule provided” there were substituted “provided by this rule (or a court order)”—
- (6) Each of the following provisions has effect as if for “by this rule provided” there were substituted “ provided by this rule (or a court order) ”
- (a) rule 53(8) of the Local Elections (Combination of Polls) Rules;
@@ -4478,9 +4146,9 @@
- (c) rule 60 of the Mayoral Elections (Combination of Polls) Rules.
- (2) In paragraph (4), for “returning officer” substitute “relevant counting officer”.
- (3) In paragraph (7), for the words from the beginning to “further step” substitute “Once the ballot papers relating to each relevant election or referendum have been separated, no step or further step may be taken”.
- (2) In paragraph (4), for “returning officer” substitute “ relevant counting officer ”.
- (3) In paragraph (7), for the words from the beginning to “further step” substitute “ Once the ballot papers relating to each relevant election or referendum have been separated, no step or further step may be taken ”.
### Provision of registers etc to counting officer
@@ -4488,7 +4156,7 @@
##### 50
Regulation 98 of the Representation of the People (England and Wales) Regulations 2001 as modified by Part [3](https://www.legislation.gov.uk/ukpga/2011/1/schedule/4/part/3/enacted) of Schedule 4 above applies for the purposes of a relevant election as it applies for the purposes of the referendum.
Regulation 98 of the Representation of the People (England and Wales) Regulations 2001 as modified by Part 3 of Schedule 4 above applies for the purposes of a relevant election as it applies for the purposes of the referendum.
#### Absent voters lists
@@ -4512,7 +4180,7 @@
##### 53
- (1) For the purposes of the combined polls, Part 5 of the Representation of the People (England and Wales) Regulations 2001 ([S.I. 2001/341](https://www.legislation.gov.uk/uksi/2001/341)) applies—
- (1) For the purposes of the combined polls, Part 5 of the Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341) applies—
- (a) with the modifications shown in the table, and
@@ -4524,7 +4192,7 @@
- (b) expressions used in relation to the referendum under section 1 are to be construed in accordance with the definitions in section 7 and rule 53 of the referendum rules;
- (c) expressions used in relation to a local referendum are to be construed in accordance with regulation 2 of, and paragraph 1(2) of Schedule 4 to, the Local Authorities (Conduct of Referendums) (England) Regulations 2007 ([S.I. 2007/2089](https://www.legislation.gov.uk/uksi/2007/2089)).
- (c) expressions used in relation to a local referendum are to be construed in accordance with regulation 2 of, and paragraph 1(2) of Schedule 4 to, the Local Authorities (Conduct of Referendums) (England) Regulations 2007 (S.I. 2007/2089).
- (3) In relation to the combined polls, the modifications made by this paragraph to Part 5 of the 2001 Regulations apply instead of any modifications that would apply to that Part by virtue of—
@@ -4532,79 +4200,43 @@
- (b) Schedule 4 to the Local Authorities (Conduct of Referendums) (England) Regulations 2007;
- (c) Schedule 2 to the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007 ([S.I. 2007/1024](https://www.legislation.gov.uk/uksi/2007/1024)).
| Provision | Modification |
- (c) Schedule 2 to the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007 (S.I. 2007/1024).
| *Provision* | *Modification* |
| --- | --- |
| Regulation 64 (interpretation of Part 5) | For the definition of “agent” substitute— “agent”, except in regulation 69(1) to (7)— in relation to an election, includes the election agent and a person appointed to attend in the election agent’s place; in relation to the referendum on the voting system for United Kingdom parliamentary elections, means a referendum agent or an agent appointed under regulation 69. |
| Regulation 64 (interpretation of Part 5) | In the appropriate place insert— “candidate”, in relation to an election for the return of an elected mayor, means a candidate at such an election; . |
| Regulation 64 (interpretation of Part 5) | In the appropriate place insert— “local referendum” means a referendum in England under Part 2 of the Local Government Act 2000; . |
| Regulation 64 (interpretation of Part 5) | In the appropriate place insert— “relevant election or referendum” means an election or referendum the poll for which is to be taken together with the poll for one or more other elections or referendums under section 4(1) of the Parliamentary Voting System and Constituencies Act 2011; relevant returning or counting officer”, in relation to a relevant election or referendum, means— in a case where proceedings on the issue and receipt of postal ballot papers are taken together by virtue of regulation 65, the counting officer for the referendum on the voting system for United Kingdom parliamentary elections, and in any other case, the returning or counting officer for the election or referendum in question; . |
| Regulation 64 (interpretation of Part 5) | In the definition of “valid postal voting statement”, after “returning officer” insert “or counting officer”. |
| Regulation 65 (combination of proceedings on issue and receipt of postal ballot papers) | For regulation 65 substitute— Combination of proceedings on issue and receipt of postal ballot papers 65 1 This regulation applies where the polls for two or more relevant elections or referendums are taken together under section 4(1) of the Parliamentary Voting System and Constituencies Act 2011. 2 The proceedings on the issue and receipt of postal ballot papers in respect of the polls may be taken together if the returning and counting officers think fit. |
| Regulation 64 (interpretation of Part 5) | For the definition of “agent” substitute—“agent”, except in regulation 69(1) to (7)—ain relation to an election, includes the election agent and a person appointed to attend in the election agent's place;bin relation to the referendum on the voting system for United Kingdom parliamentary elections, means a referendum agent or an agent appointed under regulation 69.In the appropriate place insert—“*candidate*”, in relation to an election for the return of an elected mayor, means a candidate at such an election;.In the appropriate place insert—“*local referendum*” means a referendum in England under Part 2 of the Local Government Act 2000;.In the appropriate place insert—“*relevant election or referendum*” means an election or referendum the poll for which is to be taken together with the poll for one or more other elections or referendums under section 4(1) of the Parliamentary Voting System and Constituencies Act 2011;relevant returning or counting officer”, in relation to a relevant election or referendum, means—ain a case where proceedings on the issue and receipt of postal ballot papers are taken together by virtue of regulation 65, the counting officer for the referendum on the voting system for United Kingdom parliamentary elections, andbin any other case, the returning or counting officer for the election or referendum in question;.In the definition of “valid postal voting statement”, after “returning officer” insert “ or counting officer ”. |
| Regulation 65 (combination of proceedings on issue and receipt of postal ballot papers) | For regulation 65 substitute—Combination of proceedings on issue and receipt of postal ballot papers651This regulation applies where the polls for two or more relevant elections or referendums are taken together under section 4(1) of the Parliamentary Voting System and Constituencies Act 2011.2The proceedings on the issue and receipt of postal ballot papers in respect of the polls may be taken together if the returning and counting officers think fit. |
| Regulation 66 (form of postal voting statement) | Omit the whole regulation. |
| Regulation 67 (persons entitled to be present at proceedings on issue of postal ballot papers) | For “returning officer” substitute “relevant returning or counting officer”. |
| Regulation 68 (persons entitled to be present at proceedings on receipt of postal ballot papers) | For regulation 68 substitute— Persons entitled to be present at proceedings on receipt of postal ballot papers 68 1 In a case where proceedings on the receipt of postal ballot papers are taken together by virtue of regulation 65, the only persons who may be present at those proceedings are the appropriate persons in relation to the relevant elections and referendums. 2 In any other case, the only persons who may be present at the proceedings on the receipt of postal ballot papers for a relevant election or referendum are the appropriate persons in relation to that election or referendum. 3 The following are appropriate persons in relation to an election— a the returning officer; b the returning officer’s clerks; c the candidates; d the election agents; e any person appointed by a candidate to attend in his election agent’s place; f any agents appointed under regulation 69; g at an election of parish councillors, any person appointed by a candidate to attend proceedings on the receipt of postal ballot papers. 4 The following are appropriate persons in relation to a referendum— a the counting officer; b the counting officer’s clerks; c in the case of the referendum on the voting system for United Kingdom parliamentary elections, the referendum agents and any agents appointed under regulation 69; d in the case of a local referendum, the persons listed in rule 37(3)(b) to (d) of the rules set out in Schedule 5 to the Local Authorities (Conduct of Referendums) (England) Regulations 2007. 5 This regulation is without prejudice to section 6A, 6B, 6C, 6D or 6E of the Political Parties, Elections and Referendums Act 2000. |
| Regulation 69 (agents of candidates who may attend proceedings on receipt of postal ballot papers) | For “returning officer” (in each place) substitute “relevant returning or counting officer”. |
| Regulation 69 (agents of candidates who may attend proceedings on receipt of postal ballot papers) | Omit paragraph (3). |
| Regulation 69 (agents of candidates who may attend proceedings on receipt of postal ballot papers) | After paragraph (7) insert— 7A In relation to the referendum on the voting system for United Kingdom parliamentary elections, in paragraph (1), (2), (4) or (7) a reference to a candidate is to be read as a reference to a referendum agent. |
| Regulation 69 (agents of candidates who may attend proceedings on receipt of postal ballot papers) | In paragraph (8), for “the candidates or their agents” substitute “any persons mentioned in regulation 68(3)(c) to (g) or (4)(c) and (d)”. |
| Regulation 70 (notification of requirement of secrecy) | For regulation 70 substitute— Notification of requirements of secrecy 70 1 In a case where proceedings on the issue of postal ballot papers are taken together by virtue of regulation 65, the counting officer for the referendum on the voting system for United Kingdom parliamentary elections shall make such arrangements as he thinks fit to ensure that every person attending the proceedings in connection with the issue or receipt of postal ballot papers has been given a copy in writing of the provisions of subsections (4) and (6) of section 66 of the 1983 Act as they apply in relation to each relevant election or referendum. 2 In any other case, the returning or counting officer for a relevant election or referendum shall make such arrangements as he thinks fit to ensure that every person attending proceedings in connection with the issue or receipt of postal ballot papers for the election or referendum has been given a copy in writing of the provisions of subsections (4) and (6) of section 66 of the 1983 Act as they apply to that election or referendum. |
| Regulation 71 (time when postal ballot papers are to be issued) | In paragraph (1), after “voting statement)” insert “for an election or local referendum”. |
| Regulation 71 (time when postal ballot papers are to be issued) | After paragraph (1) insert— 1A In the case of a person within entry 2, 3, 4 or 5 of the table in paragraph [5(2)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/5/2/enacted) of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011 or entry 2, 3, 4 or 5 of the table in paragraph [8(6)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/8/6/enacted) of that Schedule (electors and proxies entitled to vote by post for an indefinite or definite period), no postal ballot paper (and postal voting statement) for the referendum on the voting system in United Kingdom parliamentary elections shall be issued until after 5 pm on the eleventh day before the date of the poll (computed in accordance with regulation 56(6) above). |
| Regulation 71 (time when postal ballot papers are to be issued) | In paragraph (2), omit “by the returning officer”. |
| Regulation 72 (procedure on issue of postal ballot papers) | For paragraph (5) substitute— 5 Paragraphs (5A) and (5B) apply where— a proceedings on the issue of postal ballot papers are taken together by virtue of regulation 65, and b a combined postal voters list or proxy postal voters list is produced by virtue of paragraph [29](https://www.legislation.gov.uk/ukpga/2011/1/schedule/5/paragraph/29/enacted) of Schedule 5 to the Parliamentary Voting System and Constituencies Act 2011. 5A In a case where a postal ballot paper is issued at the same time in respect of each relevant election or referendum, a single mark must be placed in the list under paragraph (3). 5B In any other case, a mark must be placed in the list under sub-paragraph (3) identifying the poll to which each postal ballot paper issued relates. 5C Where proceedings on the issue of postal ballot papers are taken together by virtue of regulation 65, the number of each postal ballot paper issued shall be marked on the postal voting statement under paragraph (4). |
| Regulation 72 (procedure on issue of postal ballot papers) | In paragraph (6), for the words from the beginning to “postal ballot papers” substitute “Where proceedings on the issue and receipt of postal ballot papers are not taken together by virtue of regulation 65”. |
| Regulation 72 (procedure on issue of postal ballot papers) | In paragraph (8)— after “paragraph (7)” insert “in relation to an election or local referendum”; at the end insert— and, in relation to the referendum on the voting system for United Kingdom parliamentary elections, the items specified in paragraph (7) must be sent to the address to which postal ballot papers should be sent as mentioned in column 3 of the table in paragraph [5(2)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/5/2/enacted) or [8(6)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/8/6/enacted) of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011. |
| Regulation 73 (refusal to issue postal ballot papers) | For “returning officer” substitute “relevant returning or counting officer”. |
| Regulation 73 (refusal to issue postal ballot papers) | For “election” substitute “poll”. |
| Regulation 74 (envelopes) | In paragraph (1), after “elections rules” insert “or rule [12](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/12/enacted) of the referendum rules”. |
| Regulation 75 (sealing up of completed corresponding number lists) | In paragraphs (1) and (2), for “returning officer” substitute “relevant returning or counting officer”. |
| Regulation 76 (delivery of postal ballot papers) | In paragraph (1)— for “returning officer” substitute “relevant returning or counting officer”; in sub-paragraph (c), after “elections rules” insert “or rule [14](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/14/enacted) of the referendum rules”. |
| Regulation 76 (delivery of postal ballot papers) | In paragraph (2), for “returning officer” substitute “relevant returning or counting officer”. |
| Regulation 77 (spoilt postal ballot papers) | For “returning officer” (in each place) substitute “relevant returning or counting officer”. |
| Regulation 77 (spoilt postal ballot papers) | In paragraph (2)(b), for “election” substitute “poll”. |
| Regulation 78 (lost postal ballot papers) | For “returning officer” (in each place) substitute “relevant returning or counting officer”. |
| Regulation 78 (lost postal ballot papers) | In paragraph (2A)(b), for “election” substitute “poll”. |
| Regulation 79 (alternative means of returning postal ballot paper or postal voting statement) | For “returning officer” (in each place) substitute “relevant returning or counting officer”. |
| Regulation 79 (alternative means of returning postal ballot paper or postal voting statement) | In paragraph (1), after “1983 Act” insert “and rule 40(3) of the referendum rules”. |
| Regulation 79 (alternative means of returning postal ballot paper or postal voting statement) | In paragraph (3), after “rule 43(1) of the elections rules” insert “or rule 38(1) of the referendum rules”. |
| Regulation 79 (alternative means of returning postal ballot paper or postal voting statement) | In paragraph (5), after “polling agents” insert “or polling observers”. |
| Regulation 80 (notice of opening of postal ballot paper envelopes) | In paragraph (1)— for “returning officer” substitute “relevant returning or counting officer”; for “each candidate” substitute “each of the persons mentioned in paragraph (1A)”. |
| Regulation 80 (notice of opening of postal ballot paper envelopes) | After paragraph (1) insert— 1A The persons are— a in relation to an election, the candidates, b in relation to the referendum on the voting system for United Kingdom parliamentary elections, the referendum agents, and c in relation to a local referendum, the persons mentioned in rule 37(3)(b) to (d) of the rules set out in Schedule 5 to the Local Authorities (Conduct of Referendums) (England) Regulations 2007. |
| Regulation 80 (notice of opening of postal ballot paper envelopes) | In paragraph (2)(b), for “the number of agents a candidate” substitute “in the case of an election or the referendum on the voting system for United Kingdom parliamentary elections, the number of agents that a candidate or referendum agent”. |
| Regulation 81 (postal ballot boxes and receptacles) | For “returning officer” (in each place) substitute “relevant returning or counting officer”. |
| Regulation 81 (postal ballot boxes and receptacles) | For paragraph (2) substitute— 2 Each of those ballot boxes— a shall be marked “postal voter’s ballot box” or “postal ballot box” as appropriate; b shall be marked with the name of each constituency, electoral area or voting area in relation to which it is to be used. |
| Regulation 81 (postal ballot boxes and receptacles) | In paragraph (3), for “the agents” substitute “those”. |
| Regulation 81 (postal ballot boxes and receptacles) | In paragraph (4), after “lock the ballot box” insert “(if it has a lock)”. |
| Regulation 82 (receipt of covering envelope) | For “returning officer” (in both places) substitute “relevant returning or counting officer”. |
| Regulation 83 (opening of postal voters’ ballot box) | In paragraph (1)— for “returning officer” substitute “relevant returning or counting officer”; at the end insert “and (where relevant) the persons mentioned in rule 37(3)(b) to (d) of the rules set out in Schedule 5 to the Local Authorities (Conduct of Referendums) (England) Regulations 2007”. |
| Regulation 83 (opening of postal voters’ ballot box) | In paragraph (2), for “returning officer” substitute “relevant returning or counting officer”. |
| Regulation 83 (opening of postal voters’ ballot box) | In paragraph (3), for “votes under rule 45 of the elections rules” substitute “ballot papers”. |
| Regulation 84 (opening of covering envelopes) | For “returning officer” (in each place) substitute “relevant returning or counting officer”. |
| Regulation 84A (confirming receipt of postal voting statements) | For “returning officer” (in each place) substitute “relevant returning or counting officer”. |
| Regulation 85 (procedure in relation to postal voting statements) | For “returning officer” (in each place) substitute “relevant returning or counting officer”. |
| Regulation 85 (procedure in relation to postal voting statements) | In paragraph (3), after “agents” insert “or counting observers or both (as the case may be)”. |
| Regulation 85A (procedure in relation to postal voting statements: personal identifier verification) | For “returning officer” (in each place) substitute “relevant returning or counting officer”. |
| Regulation 85A (procedure in relation to postal voting statements: personal identifier verification) | In paragraph (4), after “agents” insert “or counting observers or both (as the case may be)”. |
| Regulation 85B (postal voting statements: additional personal identifier verification) | For “returning officer” (in each place) substitute “relevant returning or counting officer”. |
| Regulation 85B (postal voting statements: additional personal identifier verification) | In paragraph (3)(a) and (c), after “agents” insert “or counting observers or both (as the case may be)”. |
| Regulation 85B (postal voting statements: additional personal identifier verification) | In paragraph (4), for “lock and reseal the postal ballot box in the presence of the agents” substitute “lock the postal ballot box (if it has a lock) and reseal it in the presence of the agents or counting observers or both (as the case may be)”. |
| Regulation 86 (opening of ballot paper envelopes) | In paragraph (1), for “returning officer” substitute “relevant returning or counting officer”. |
| Regulation 86A (retrieval of cancelled postal ballot papers) | In paragraph (1), for “returning officer” substitute “relevant returning or counting officer”. |
| Regulation 86A (retrieval of cancelled postal ballot papers) | In paragraph (2)— in sub-paragraph (b), after “agents” insert “or counting observers or both (as the case may be)”; in sub-paragraph (f), for “votes under rule 45 of the elections rules” substitute “ballot papers” and after “agents” insert “or counting observers or both (as the case may be)”. |
| Regulation 86A (retrieval of cancelled postal ballot papers) | In paragraph (3), for “returning officer” substitute “relevant returning or counting officer”. |
| Regulation 87 (list of rejected postal ballot papers) | In paragraph (1), for “In respect of any election, the returning officer” substitute “In respect of each relevant election or referendum, the relevant returning or counting officer”. |
| Regulation 88 (checking of lists of rejected postal ballot papers) | For “returning officer” (in each place) substitute “the relevant returning or counting officer”. |
| Regulation 88 (checking of lists of rejected postal ballot papers) | In paragraph (3), at the end insert “or voting area under rule 38(1) of the referendum rules”. |
| Regulation 89 (sealing of receptacles) | In paragraph (1), for “returning officer” substitute “the relevant returning or counting officer”. |
| Regulation 90 (abandoned poll) | In paragraph (2), for “election” substitute “poll”. |
| Regulation 91 (forwarding or retention of documents) | In paragraph (1)— for the words before sub-paragraph (a) substitute “The relevant returning or counting officer shall forward to the registration officer to whom he forwards the documents mentioned in rule 55 of the elections rules or rule 50 of the referendum rules, at the same time as he forwards those documents”; in paragraph (a), for the words from “the election to which” to the end substitute “each relevant election or referendum and the area to which the packet relates”; at the end insert— A separate statement in Form K must be completed for each relevant election or referendum . |
| Regulation 91 (forwarding or retention of documents) | In paragraph (3), for “returning officer” (in both places) substitute “relevant returning or counting officer”. |
| Regulation 91 (forwarding or retention of documents) | In paragraph (4), for “Rules 56 and 57 of the elections rules” substitute “The rules specified in paragraph (4A)”. |
| Regulation 91 (forwarding or retention of documents) | After sub-paragraph (4) insert— 4A The rules are— a in a case where proceedings on the issue and receipt of postal ballot papers are taken together by virtue of regulation 65— i rule 51 of the referendum rules and rule 56 of the elections rules, and ii rule 52 of the referendum rules; b in any other case— i rule 51 of the referendum rules or (as the case may be) rule 56 of the elections rules, and ii rule 52 of the referendum rules or (as the case may be) rule 57 of the elections rules. |
| Regulation 91 (forwarding or retention of documents) | In paragraph (5), for “returning officer” (in both places) substitute “relevant returning or counting officer”. |
| In Schedule 3, Form K | In the case of the form used in relation to the referendum under section 1— for “PARLIAMENTARY ELECTION” substitute “REFERENDUM ON THE VOTING SYSTEM FOR UNITED KINGDOM PARLIAMENTARY ELECTIONS”; for “constituency” substitute “voting area”; for “returning officer” (in each place) substitute “counting officer”. |
| Regulation 67 (persons entitled to be present at proceedings on issue of postal ballot papers) | For “returning officer” substitute “ relevant returning or counting officer ”. |
| Regulation 68 (persons entitled to be present at proceedings on receipt of postal ballot papers) | For regulation 68 substitute—Persons entitled to be present at proceedings on receipt of postal ballot papers681In a case where proceedings on the receipt of postal ballot papers are taken together by virtue of regulation 65, the only persons who may be present at those proceedings are the appropriate persons in relation to the relevant elections and referendums.2In any other case, the only persons who may be present at the proceedings on the receipt of postal ballot papers for a relevant election or referendum are the appropriate persons in relation to that election or referendum.3The following are appropriate persons in relation to an election—athe returning officer;bthe returning officer's clerks;cthe candidates;dthe election agents;eany person appointed by a candidate to attend in his election agent's place;fany agents appointed under regulation 69;gat an election of parish councillors, any person appointed by a candidate to attend proceedings on the receipt of postal ballot papers.4The following are appropriate persons in relation to a referendum—athe counting officer;bthe counting officer's clerks;cin the case of the referendum on the voting system for United Kingdom parliamentary elections, the referendum agents and any agents appointed under regulation 69;din the case of a local referendum, the persons listed in rule 37(3)(b) to (d) of the rules set out in Schedule 5 to the Local Authorities (Conduct of Referendums) (England) Regulations 2007.5This regulation is without prejudice to section 6A, 6B, 6C, 6D or 6E of the Political Parties, Elections and Referendums Act 2000. |
| Regulation 69 (agents of candidates who may attend proceedings on receipt of postal ballot papers) | For “returning officer” (in each place) substitute “ relevant returning or counting officer ”.Omit paragraph (3).After paragraph (7) insert—7AIn relation to the referendum on the voting system for United Kingdom parliamentary elections, in paragraph (1), (2), (4) or (7) a reference to a candidate is to be read as a reference to a referendum agent.In paragraph (8), for “the candidates or their agents” substitute “ any persons mentioned in regulation 68(3)(c) to (g) or (4)(c) and (d)” ”. |
| Regulation 70 (notification of requirement of secrecy) | For regulation 70 substitute—Notification of requirements of secrecy701In a case where proceedings on the issue of postal ballot papers are taken together by virtue of regulation 65, the counting officer for the referendum on the voting system for United Kingdom parliamentary elections shall make such arrangements as he thinks fit to ensure that every person attending the proceedings in connection with the issue or receipt of postal ballot papers has been given a copy in writing of the provisions of subsections (4) and (6) of section 66 of the 1983 Act as they apply in relation to each relevant election or referendum.2In any other case, the returning or counting officer for a relevant election or referendum shall make such arrangements as he thinks fit to ensure that every person attending proceedings in connection with the issue or receipt of postal ballot papers for the election or referendum has been given a copy in writing of the provisions of subsections (4) and (6) of section 66 of the 1983 Act as they apply to that election or referendum. |
| Regulation 71 (time when postal ballot papers are to be issued) | In paragraph (1), after “voting statement)” insert “ for an election or local referendum ”.After paragraph (1) insert—1AIn the case of a person within entry 2, 3, 4 or 5 of the table in paragraph 5(2) of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011 or entry 2, 3, 4 or 5 of the table in paragraph 8(6) of that Schedule (electors and proxies entitled to vote by post for an indefinite or definite period), no postal ballot paper (and postal voting statement) for the referendum on the voting system in United Kingdom parliamentary elections shall be issued until after 5 pm on the eleventh day before the date of the poll (computed in accordance with regulation 56(6) above).In paragraph (2), omit “by the returning officer”. |
| Regulation 72 (procedure on issue of postal ballot papers) | For paragraph (5) substitute—5Paragraphs (5A) and (5B) apply where—aproceedings on the issue of postal ballot papers are taken together by virtue of regulation 65, andba combined postal voters list or proxy postal voters list is produced by virtue of paragraph 29 of Schedule 5 to the Parliamentary Voting System and Constituencies Act 2011.5AIn a case where a postal ballot paper is issued at the same time in respect of each relevant election or referendum, a single mark must be placed in the list under paragraph (3).5BIn any other case, a mark must be placed in the list under sub-paragraph (3) identifying the poll to which each postal ballot paper issued relates.5CWhere proceedings on the issue of postal ballot papers are taken together by virtue of regulation 65, the number of each postal ballot paper issued shall be marked on the postal voting statement under paragraph (4).In paragraph (6), for the words from the beginning to “postal ballot papers” substitute “ Where proceedings on the issue and receipt of postal ballot papers are not taken together by virtue of regulation 65 ”.In paragraph (8)—after “paragraph (7)” insert “ in relation to an election or local referendum ”;at the end insert— “ and, in relation to the referendum on the voting system for United Kingdom parliamentary elections, the items specified in paragraph (7) must be sent to the address to which postal ballot papers should be sent as mentioned in column 3 of the table in paragraph 5(2) or 8(6) of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011. ” |
| Regulation 73 (refusal to issue postal ballot papers) | For “returning officer” substitute “ relevant returning or counting officer ”.For “election” substitute “ poll ”. |
| Regulation 74 (envelopes) | In paragraph (1), after “elections rules” insert “ or rule 12 of the referendum rules ”. |
| Regulation 75 (sealing up of completed corresponding number lists) | In paragraphs (1) and (2), for “returning officer” substitute “ relevant returning or counting officer ”. |
| Regulation 76 (delivery of postal ballot papers) | In paragraph (1)—for “returning officer” substitute “ relevant returning or counting officer ”;in sub-paragraph (c), after “elections rules” insert “ or rule 14 of the referendum rules ”.In paragraph (2), for “returning officer” substitute “ relevant returning or counting officer ”. |
| Regulation 77 (spoilt postal ballot papers) | For “returning officer” (in each place) substitute “ relevant returning or counting officer ”.In paragraph (2)(b), for “election” substitute “ poll ”. |
| Regulation 78 (lost postal ballot papers) | For “returning officer” (in each place) substitute “ relevant returning or counting officer ”.In paragraph (2A)(b), for “election” substitute “ poll ”. |
| Regulation 79 (alternative means of returning postal ballot paper or postal voting statement) | For “returning officer” (in each place) substitute “ relevant returning or counting officer ”.In paragraph (1), after “1983 Act” insert “ and rule 40(3) of the referendum rules ”.In paragraph (3), after “rule 43(1) of the elections rules” insert “ or rule 38(1) of the referendum rules ”.In paragraph (5), after “polling agents” insert “ or polling observers ”. |
| Regulation 80 (notice of opening of postal ballot paper envelopes) | In paragraph (1)—for “returning officer” substitute “ relevant returning or counting officer ”;for “each candidate” substitute “ each of the persons mentioned in paragraph (1A) ”.After paragraph (1) insert—1AThe persons are—ain relation to an election, the candidates,bin relation to the referendum on the voting system for United Kingdom parliamentary elections, the referendum agents, andcin relation to a local referendum, the persons mentioned in rule 37(3)(b) to (d) of the rules set out in Schedule 5 to the Local Authorities (Conduct of Referendums) (England) Regulations 2007.In paragraph (2)(b), for “the number of agents a candidate” substitute “ in the case of an election or the referendum on the voting system for United Kingdom parliamentary elections, the number of agents that a candidate or referendum agent ”. |
| Regulation 81 (postal ballot boxes and receptacles) | For “returning officer” (in each place) substitute “ relevant returning or counting officer ”.For paragraph (2) substitute—2Each of those ballot boxes—ashall be marked “postal voter's ballot box” or “postal ballot box” as appropriate;bshall be marked with the name of each constituency, electoral area or voting area in relation to which it is to be used.In paragraph (3), for “the agents” substitute “ those ”.In paragraph (4), after “lock the ballot box” insert “ (if it has a lock) ”. |
| Regulation 82 (receipt of covering envelope) | For “returning officer” (in both places) substitute “ relevant returning or counting officer ”. |
| Regulation 83 (opening of postal voters' ballot box) | In paragraph (1)—for “returning officer” substitute “ relevant returning or counting officer ”;at the end insert “ and (where relevant) the persons mentioned in rule 37(3)(b) to (d) of the rules set out in Schedule 5 to the Local Authorities (Conduct of Referendums) (England) Regulations 2007 ”.In paragraph (2), for “returning officer” substitute “ relevant returning or counting officer ”.In paragraph (3), for “votes under rule 45 of the elections rules” substitute “ ballot papers ”. |
| Regulation 84 (opening of covering envelopes) | For “returning officer” (in each place) substitute “ relevant returning or counting officer ”. |
| Regulation 84A (confirming receipt of postal voting statements) | For “returning officer” (in each place) substitute “ relevant returning or counting officer ”. |
| Regulation 85 (procedure in relation to postal voting statements) | For “returning officer” (in each place) substitute “ relevant returning or counting officer ”.In paragraph (3), after “agents” insert “ or counting observers or both (as the case may be) ”. |
| Regulation 85A (procedure in relation to postal voting statements: personal identifier verification) | For “returning officer” (in each place) substitute “ relevant returning or counting officer ”.In paragraph (4), after “agents” insert “ or counting observers or both (as the case may be) ”. |
| Regulation 85B (postal voting statements: additional personal identifier verification) | For “returning officer” (in each place) substitute “ relevant returning or counting officer ”.In paragraph (3)(a) and (c), after “agents” insert “ or counting observers or both (as the case may be) ”.In paragraph (4), for “lock and reseal the postal ballot box in the presence of the agents” substitute “ lock the postal ballot box (if it has a lock) and reseal it in the presence of the agents or counting observers or both (as the case may be) ”. |
| Regulation 86 (opening of ballot paper envelopes) | In paragraph (1), for “returning officer” substitute “ relevant returning or counting officer ”. |
| Regulation 86A (retrieval of cancelled postal ballot papers) | In paragraph (1), for “returning officer” substitute “ relevant returning or counting officer ”.In paragraph (2)—in sub-paragraph (b), after “agents” insert “ or counting observers or both (as the case may be) ”;in sub-paragraph (f), for “votes under rule 45 of the elections rules” substitute “ ballot papers ” and after “agents” insert “ or counting observers or both (as the case may be) ”.In paragraph (3), for “returning officer” substitute “ relevant returning or counting officer ”. |
| Regulation 87 (list of rejected postal ballot papers) | In paragraph (1), for “In respect of any election, the returning officer” substitute “ In respect of each relevant election or referendum, the relevant returning or counting officer ”. |
| Regulation 88 (checking of lists of rejected postal ballot papers) | For “returning officer” (in each place) substitute “ the relevant returning or counting officer ”.In paragraph (3), at the end insert “ or voting area under rule 38(1) of the referendum rules ”. |
| Regulation 89 (sealing of receptacles) | In paragraph (1), for “returning officer” substitute “ the relevant returning or counting officer ”. |
| Regulation 90 (abandoned poll) | In paragraph (2), for “election” substitute “ poll ”. |
| Regulation 91 (forwarding or retention of documents) | In paragraph (1)—for the words before sub-paragraph (a) substitute “ The relevant returning or counting officer shall forward to the registration officer to whom he forwards the documents mentioned in rule 55 of the elections rules or rule 50 of the referendum rules, at the same time as he forwards those documents ”;in paragraph (a), for the words from “the election to which” to the end substitute “ each relevant election or referendum and the area to which the packet relates ”;at the end insert— “ A separate statement in Form K must be completed for each relevant election or referendum ”.In paragraph (3), for “returning officer” (in both places) substitute “ relevant returning or counting officer ”.In paragraph (4), for “Rules 56 and 57 of the elections rules” substitute “ The rules specified in paragraph (4A) ”.After sub-paragraph (4) insert—4AThe rules are—ain a case where proceedings on the issue and receipt of postal ballot papers are taken together by virtue of regulation 65—irule 51 of the referendum rules and rule 56 of the elections rules, andiirule 52 of the referendum rules;bin any other case—irule 51 of the referendum rules or (as the case may be) rule 56 of the elections rules, andiirule 52 of the referendum rules or (as the case may be) rule 57 of the elections rules.In paragraph (5), for “returning officer” (in both places) substitute “ relevant returning or counting officer ”. |
| In Schedule 3, Form K | In the case of the form used in relation to the referendum under section 1—for “PARLIAMENTARY ELECTION” substitute “ REFERENDUM ON THE VOTING SYSTEM FOR UNITED KINGDOM PARLIAMENTARY ELECTIONS ”;for “constituency” substitute “ voting area ”;for “returning officer” (in each place) substitute “ counting officer ”. |
## PART 3 — Forms referred to in Part 1
@@ -4620,29 +4252,29 @@
##### 1
The polls to be taken together under section 4(2) are referred to in this Schedule as “combined polls”.
The polls to be taken together under section 4(2) are referred to in this Schedule as “*combined polls*”.
##### 2
In this Schedule—
- “Assembly election” means— an Assembly constituency election, or an Assembly regional election;
- “Assembly constituency election” means an election for the return of an Assembly constituency member (within the meaning of section 1 of the Government of Wales Act 2006);
- “Assembly Elections Rules” means the rules set out in Schedule 5 to the Welsh Assembly Order;
- “Assembly regional election” means an election for the return of an Assembly regional member (within the meaning of section 1 of the Government of Wales Act 2006);
- “constituency returning officer” is to be construed in accordance with Article 18 of the Welsh Assembly Order;
- “counting agent” means a counting agent for the referendum or a counting agent for an Assembly election (except where one or other is specified);
- “regional returning officer” is to be construed in accordance with Article 18 of the Welsh Assembly Order;
- “returning officer” means a person who is a constituency returning officer or a regional returning officer (unless one or the other is specified);
- “the Welsh Assembly Order” means the National Assembly for Wales (Representation of the People) Order 2007 ([S.I. 2007/236](https://www.legislation.gov.uk/uksi/2007/236)).
- “*Assembly election*” means—an Assembly constituency election, oran Assembly regional election;
- “*Assembly constituency election*” means an election for the return of an Assembly constituency member (within the meaning of section 1 of the Government of Wales Act 2006);
- “*Assembly Elections Rules*” means the rules set out in Schedule 5 to the Welsh Assembly Order;
- “*Assembly regional election*” means an election for the return of an Assembly regional member (within the meaning of section 1 of the Government of Wales Act 2006);
- “*constituency returning officer*” is to be construed in accordance with Article 18 of the Welsh Assembly Order;
- “*counting agent*” means a counting agent for the referendum or a counting agent for an Assembly election (except where one or other is specified);
- “*regional returning officer*” is to be construed in accordance with Article 18 of the Welsh Assembly Order;
- “*returning officer*” means a person who is a constituency returning officer or a regional returning officer (unless one or the other is specified);
- “*the Welsh Assembly Order*” means the National Assembly for Wales (Representation of the People) Order 2007 (S.I. 2007/236).
#### Cost of combined polls
@@ -4676,7 +4308,7 @@
##### 6
Forms 2, 3, 4, 6, 7 and 9 in Part 3 of this Schedule are “relevant forms” for the purposes of rule 10 of the referendum rules.
Forms 2, 3, 4, 6, 7 and 9 in Part 3 of this Schedule are “*relevant forms*” for the purposes of rule 10 of the referendum rules.
### Action to be taken before poll
@@ -4744,7 +4376,7 @@
- (3) As soon as practicable after giving the notice the counting officer must give a copy of it to—
- (a) each of the referendum agents appointed for the officer’s area;
- (a) each of the referendum agents appointed for the officer's area;
- (b) each of the election agents for the Assembly elections;
@@ -4926,13 +4558,13 @@
##### 28
The returning officer’s function of signing certificates as to employment under rule 41(5) of the Assembly Elections Rules is to be carried out by the counting officer.
The returning officer's function of signing certificates as to employment under rule 41(5) of the Assembly Elections Rules is to be carried out by the counting officer.
#### Removal from polling station
##### 29
The constituency returning officer’s function under rule 42(2)(b) of the Assembly Elections Rules of authorising someone to remove a person from a polling station is to be carried out by the counting officer.
The constituency returning officer's function under rule 42(2)(b) of the Assembly Elections Rules of authorising someone to remove a person from a polling station is to be carried out by the counting officer.
#### Voting procedure: copies of registers and lists of proxies
@@ -4944,7 +4576,7 @@
- (b) rule 46(1) of the Assembly Elections Rules.
- (2) Sub-paragraphs (3) and (4) apply where the same copy of the register is used as mentioned in sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/6/paragraph/30/1/enacted).
- (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, the Assembly constituency election and the Assembly regional election, a single mark must be placed in the register against the number of the elector under—
@@ -4960,7 +4592,7 @@
- (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) Where the same copy of the register is used as mentioned in sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/6/paragraph/30/1/enacted), this paragraph applies instead of rule 46(6) of the Assembly Elections Rules except so far as it relates to the list of proxies.
- (6) Where the same copy of the register is used as mentioned in sub-paragraph (1), this paragraph applies instead of rule 46(6) of the Assembly Elections Rules except so far as it relates to the list of proxies.
##### 31
@@ -4994,13 +4626,13 @@
- (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 Assembly elections.
- (2) Where a person’s entry in that list does not relate to the referendum, the Assembly constituency election and the Assembly regional election, the entry must—
- (2) Where a person's entry in that list does not relate to the referendum, the Assembly constituency election and the Assembly regional election, the entry must—
- (a) indicate whether it relates to the referendum, and
- (b) identify any election to which it relates.
- (3) In this paragraph “list of votes marked by the presiding officer” means a list compiled under—
- (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, or
@@ -5014,7 +4646,7 @@
- (1) A declaration made by the companion of a voter with disabilities must be in the form set out in Form 9 in Part 3 of this Schedule.
- (2) In this paragraph “declaration made by the companion of a voter with disabilities” means a declaration made by a companion under—
- (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, or
@@ -5032,13 +4664,13 @@
- (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 Assembly elections.
- (2) Where a person’s entry in that list does not relate to the referendum, the Assembly constituency election and the Assembly regional election, the entry must—
- (2) Where a person's entry in that list does not relate to the referendum, the Assembly constituency election and the Assembly regional election, the entry must—
- (a) indicate whether it relates to the referendum, and
- (b) identify any election to which it relates.
- (3) In this paragraph “list of voters with disabilities assisted by companions” means a list compiled under—
- (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, or
@@ -5052,13 +4684,13 @@
- (1) If the counting officer thinks fit, a single tendered votes list may be used for the purposes of the referendum and the Assembly elections.
- (2) Where a person’s entry in that list does not relate to the referendum, the Assembly constituency election and the Assembly regional election, the entry must—
- (2) Where a person's entry in that list does not relate to the referendum, the Assembly constituency election and the Assembly regional election, the entry must—
- (a) indicate whether it relates to the referendum, and
- (b) identify any election to which it relates.
- (3) In this paragraph “tendered votes list” means a list compiled under—
- (3) In this paragraph “*tendered votes list*” means a list compiled under—
- (a) rule 33(7) of the referendum rules, or
@@ -5072,13 +4704,13 @@
- (1) If the counting officer thinks fit, a single list of persons to whom ballot papers are delivered in consequence of late alterations to the register may be used for the purposes of the referendum and the Assembly elections.
- (2) Where a person’s entry in that list does not relate to the referendum, the Assembly constituency election and the Assembly regional election, the entry must—
- (2) Where a person's entry in that list does not relate to the referendum, the Assembly constituency election and the Assembly regional election, the entry must—
- (a) indicate whether it relates to the referendum, and
- (b) identify any election to which it relates.
- (3) In this paragraph “list of persons to whom ballot papers are delivered in consequence of late alterations to the register” means a list compiled under—
- (3) In this paragraph “*list of persons to whom ballot papers are delivered in consequence of late alterations to the register*” means a list compiled under—
- (a) rule 36 of the referendum rules, or
@@ -5122,19 +4754,19 @@
##### 43
- (1) The counting officer must make arrangements for counting the ballot papers and carrying out the other functions conferred by paragraph [47](https://www.legislation.gov.uk/ukpga/2011/1/schedule/6/paragraph/47/enacted) in the presence of the counting agents.
- (2) The counting officer must give the counting agents and the regional returning officer notice in writing of the time and place at which the proceedings under paragraph [47](https://www.legislation.gov.uk/ukpga/2011/1/schedule/6/paragraph/47/enacted) will begin.
- (3) A person may be present at the proceedings under paragraph [47](https://www.legislation.gov.uk/ukpga/2011/1/schedule/6/paragraph/47/enacted) only if—
- (1) The counting officer must make arrangements for counting the ballot papers and carrying out the other functions conferred by paragraph 47 in the presence of the counting agents.
- (2) The counting officer must give the counting agents and the regional returning officer notice in writing of the time and place at which the proceedings under paragraph 47 will begin.
- (3) A person may be present at the proceedings under paragraph 47 only if—
- (a) the person is entitled to be present at the counting of the votes for the referendum or an Assembly election, or
- (b) the person is permitted by the counting officer to attend.
- (4) The counting officer may give a person permission under sub-paragraph [(3)(b)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/6/paragraph/43/3/b/enacted) only if—
- (a) the officer is satisfied that the person’s attendance will not impede the efficient conduct of the proceedings, and
- (4) The counting officer may give a person permission under sub-paragraph (3)(b) only if—
- (a) the officer is satisfied that the person's attendance will not impede the efficient conduct of the proceedings, and
- (b) the officer has consulted the referendum agents and election agents or thought it impracticable to do so.
@@ -5144,7 +4776,7 @@
- (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.
the officer can give them consistently with the orderly conduct of the proceedings and the discharge of the officer's duties.
##### 44
@@ -5152,7 +4784,7 @@
##### 45
- (1) The constituency returning officer must make arrangements for counting the votes for the Assembly elections in the presence of the counting agents for the election as soon as practicable after receiving the ballot papers from the counting officer under paragraph [48](https://www.legislation.gov.uk/ukpga/2011/1/schedule/6/paragraph/48/enacted).
- (1) The constituency returning officer must make arrangements for counting the votes for the Assembly elections in the presence of the counting agents for the election as soon as practicable after receiving the ballot papers from the counting officer under paragraph 48.
- (2) The constituency returning officer must give the counting agents for the Assembly elections and the regional returning officer notice in writing of the time and place at which the counting of the votes for the elections will begin.
@@ -5162,9 +4794,9 @@
- (b) the person would be entitled to be present at the counting of votes for the Assembly election if it were taken on its own.
- (4) The constituency returning officer may give a person permission under sub-paragraph [(3)(a)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/6/paragraph/45/3/a/enacted) only if—
- (a) the officer is satisfied that the person’s attendance will not impede the efficient counting of the votes, and
- (4) The constituency returning officer may give a person permission under sub-paragraph (3)(a) 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 election agents or thought it impracticable to do so.
@@ -5174,13 +4806,13 @@
- (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.
the officer can give them consistently with the orderly conduct of the proceedings and the discharge of the officer's duties.
- (6) In particular, where the votes are counted by sorting the ballot papers into lots according to the votes marked on them and then counting the number of ballot papers in each lot, the counting agents for an Assembly election are entitled to satisfy themselves that the ballot papers are correctly sorted.
##### 46
Paragraphs [43](https://www.legislation.gov.uk/ukpga/2011/1/schedule/6/paragraph/43/enacted) and [45](https://www.legislation.gov.uk/ukpga/2011/1/schedule/6/paragraph/45/enacted) apply instead of rule 54 of the Assembly Elections Rules.
Paragraphs 43 and 45 apply instead of rule 54 of the Assembly Elections Rules.
#### Counting and separation of ballot papers by counting officer
@@ -5206,7 +4838,7 @@
- (4) The counting officer must, in the presence of the referendum agents and the election agents for the Assembly elections—
- (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);
- (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 separate statement as to the result of the verification in relation to each poll.
@@ -5242,13 +4874,13 @@
- (a) those ballot papers must be sealed into packets, each of which must be endorsed with a description of its contents, and
- (b) the packets may not be opened until the counting officer begins dealing with the ballot papers in those packets under paragraph [49(1)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/6/paragraph/49/1/enacted).
- (b) the packets may not be opened until the counting officer begins dealing with the ballot papers in those packets under paragraph 49(1).
- (4) If, in respect of an Assembly constituency election or an Assembly regional election, none of the ballot papers have been delivered under sub-paragraph (1) by the time the statements as to the result of the verification of the ballot paper accounts in relation to all the polls are prepared—
- (a) the ballot papers for that election must be sealed into packets, each of which must be endorsed with a description of its contents, and
- (b) the packets may not be opened until the constituency returning officer begins dealing with the ballot papers in those packets under paragraph [49(3)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/6/paragraph/49/3/enacted).
- (b) the packets may not be opened until the constituency returning officer begins dealing with the ballot papers in those packets under paragraph 49(3).
#### Counting of votes
@@ -5282,11 +4914,11 @@
- (6) During the time so excluded the counting or constituency returning officer must—
- (a) place the ballot papers and other documents relating to the referendum or Assembly election under the officer’s own seal and the seals of any of the counting agents who want to affix their seals, and
- (a) place the ballot papers and other documents relating to the referendum or Assembly election 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.
- (7) This paragraph and paragraph [50](https://www.legislation.gov.uk/ukpga/2011/1/schedule/6/paragraph/50/enacted) apply instead of rule 55 of the Assembly Elections Rules.
- (7) This paragraph and paragraph 50 apply instead of rule 55 of the Assembly Elections Rules.
#### Ballot papers placed in wrong ballot box
@@ -5328,13 +4960,13 @@
- (4) Except for the purposes of this paragraph, rule 67 of the Assembly Elections Rules has effect as if it did not include a reference to the specified documents (and as if paragraph (2) were omitted).
- (5) Regulation 121 of the Representation of the People (England and Wales) Regulations 2001 ([S.I. 2001/341](https://www.legislation.gov.uk/uksi/2001/341)) has effect in relation to an Assembly election—
- (a) as if, in the definition of “relevant Assembly election documents”, the reference to rule 69(1) of Schedule 5 to the 2007 Order included a reference to rule [52](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/52/enacted) of the referendum rules as applied by this paragraph;
- (b) as if, in paragraph (2), the reference to documents forwarded under rule 67(1)(h) of Schedule 5 to the 2007 Order were to documents forwarded under rule [50(1)(a)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/50/1/a/enacted) of the referendum rules as so applied.
- (6) Rule 68(8) of the Assembly Elections Rules has effect as if after “rule” there were inserted “(or a court order)”.
- (5) Regulation 121 of the Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341) has effect in relation to an Assembly election—
- (a) as if, in the definition of “relevant Assembly election documents”, the reference to rule 69(1) of Schedule 5 to the 2007 Order included a reference to rule 52 of the referendum rules as applied by this paragraph;
- (b) as if, in paragraph (2), the reference to documents forwarded under rule 67(1)(h) of Schedule 5 to the 2007 Order were to documents forwarded under rule 50(1)(a) of the referendum rules as so applied.
- (6) Rule 68(8) of the Assembly Elections Rules has effect as if after “rule” there were inserted “ (or a court order) ”.
#### Countermand or abandonment of poll on death of candidate
@@ -5346,7 +4978,7 @@
- (1) Rule 76 of the Assembly Elections Rules has effect as if it were modified in accordance with sub-paragraphs (2) to (4).
- (2) In paragraph (2) after “constituency returning officer” insert “or counting officer”.
- (2) In paragraph (2) after “constituency returning officer” insert “ or counting officer ”.
- (3) For paragraph (3) substitute—
@@ -5387,7 +5019,7 @@
##### 59
- (1) For the purposes of the combined polls, Schedule 3 to the National Assembly for Wales (Representation of the People) Order 2007 ([S.I. 2007/236](https://www.legislation.gov.uk/uksi/2007/236)) applies—
- (1) For the purposes of the combined polls, Schedule 3 to the National Assembly for Wales (Representation of the People) Order 2007 (S.I. 2007/236) applies—
- (a) with the modifications shown in the table, and
@@ -5399,78 +5031,11 @@
- (b) expressions used in relation to the referendum under section 1 are to be construed in accordance with the definitions in section 7 and rule 53 of the referendum rules.
- (3) In the Representation of the People (England and Wales) Regulations 2001 ([S.I. 2001/341](https://www.legislation.gov.uk/uksi/2001/341)) as they apply in relation to the referendum by virtue of Schedule 4—
- (a) regulation 61B(3)(a) has effect as if for the words after “postal ballot papers” there were substituted “in accordance with paragraph 23(4) or 24(3)(a) of Schedule 3 to the National Assembly for Wales (Representation of the People) Order 2007”;
- (b) regulation 116(1) has effect as if for “regulation 91 above” there were substituted “paragraph 31 of Schedule 3 to the National Assembly for Wales (Representation of the People) Order 2007”.
| Provision | Modification |
| --- | --- |
| Paragraph 1 (interpretation) | For the definition of “agent” substitute— “agent”, except in paragraph 6(2) to (8)— in relation to an Assembly election, includes an election agent and a person appointed to attend in the election agent’s place; in relation to the referendum, means a referendum agent or an agent appointed under paragraph 6(2). |
| Paragraph 1 (interpretation) | In the appropriate places insert— “postal voters list” includes the list kept under paragraph 5(2) of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011; ; “proxy postal voters list” includes the list kept under or paragraph 8(6) of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011; ; “relevant returning or counting officer” means— in a case where proceedings on the issue and receipt of postal ballot papers are taken together by virtue of paragraph 2, the counting officer; in any other case, the constituency returning officer, in relation to an Assembly election, or the counting officer, in relation to the referendum; . |
| Paragraph 2 (combination of polls) | For paragraph 2 substitute— Combination of polls 2 Proceedings on the issue and receipt of postal ballot papers in respect of the Assembly elections and the referendum may, if the constituency returning officer and the counting officer think fit, be taken together. |
| Paragraph 3 (form of postal voting statement) | Omit the whole paragraph. |
| Paragraph 4 (regional elections) | Omit the whole paragraph. |
| Paragraph 5 (persons entitled to be present at proceedings on issue of postal ballot papers) | For “constituency returning officer” substitute “relevant returning or counting officer”. |
| Paragraph 6 (persons entitled to be present at proceedings on receipt of postal ballot papers) | For sub-paragraph (1) substitute— 1 In a case where proceedings on the receipt of postal ballot papers are taken together by virtue of paragraph 2, the only persons who may be present at those proceedings are the appropriate persons in relation to the Assembly elections and the referendum. 1A In any other case, the only persons who may be present at the proceedings on the receipt of postal ballot papers— a in respect of the Assembly elections, are the appropriate persons in relation to those elections; b in respect of the referendum, are the appropriate persons in relation to the referendum. 1B The following are appropriate persons in relation to the Assembly elections— a the constituency returning officer and his clerks; b the regional returning officer; c the candidates; d the election agents; e any person appointed by a constituency candidate to attend in his election agent’s place; f any person appointed by an individual candidate at the regional election to attend in his election agent’s place; g any person appointed by the election agent of a registered political party standing nominated or by the registered nominating officer of that party to attend in the place of that party’s election agent at the regional election; h any agents appointed under sub-paragraph (2). 1C The following are appropriate persons in relation to the referendum— a the counting officer; b the counting officer’s clerks; c the referendum agents and any agents appointed under sub-paragraph (2). 1D This paragraph is without prejudice to section 6A, 6B, 6C, 6D or 6E of the 2000 Political Parties Act. |
| Paragraph 6 (persons entitled to be present at proceedings on receipt of postal ballot papers) | In sub-paragraphs (2) to (7), for “constituency returning officer” (in each place) substitute “relevant returning or counting officer”. |
| Paragraph 6 (persons entitled to be present at proceedings on receipt of postal ballot papers) | Omit sub-paragraph (4). |
| Paragraph 6 (persons entitled to be present at proceedings on receipt of postal ballot papers) | After sub-paragraph (7) insert— 7A In relation to the referendum, in sub-paragraph (2), (3), (5) or (8) a reference to a candidate in a constituency election is to be read as a reference to a referendum agent. |
| Paragraph 6 (persons entitled to be present at proceedings on receipt of postal ballot papers) | In sub-paragraph (9), for “the candidates or their agents” substitute “any persons mentioned in sub-paragraphs (1B)(c) to (h) or (1C)(c)”. |
| Paragraph 7 (notification of requirement of secrecy) | For paragraph 7 substitute— Notification of requirements of secrecy 7 1 In a case where proceedings on the issue and receipt of postal ballot papers are taken together by virtue of paragraph 2, the counting officer shall make such arrangements as he thinks fit to ensure that every person attending the proceedings in connection with the issue or receipt of postal ballot papers has been given a copy in writing of— a the provisions of article 35(4) and (6); and b the provisions of subsections (4) and (6) of section 66 of the 1983 Act as they apply in relation to the referendum. 2 In any other case— a the constituency returning officer shall make such arrangements as he thinks fit to ensure that every person attending proceedings in connection with the issue or receipt of postal ballot papers for the Assembly elections has been given a copy in writing of the provisions of article 35(4) and (6); b the counting officer shall make such arrangements as he thinks fit to ensure that every person attending proceedings in connection with the issue or receipt of postal ballot papers for the referendum has been given a copy in writing of the provisions of subsections (4) and (6) of section 66 of the 1983 Act as they apply to the referendum. |
| Paragraph 8 (time when postal ballot papers are to be issued) | In sub-paragraph (1), after “voting statement” insert “for an Assembly election”. |
| Paragraph 8 (time when postal ballot papers are to be issued) | After sub-paragraph (1) insert— 1A In the case of a person within entry 2, 3, 4 or 5 of the table in paragraph [5(2)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/5/2/enacted) of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011 or entry 2, 3, 4 or 5 of the table in paragraph [8(6)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/8/6/enacted) of that Schedule (electors and proxies entitled to vote by post for an indefinite or definite period), no postal ballot paper and postal voting statement for the referendum shall be issued until after 5 pm on the eleventh day before the date of the poll (computed in accordance with paragraph 7(6) of Schedule 1 to this Order). |
| Paragraph 8 (time when postal ballot papers are to be issued) | In sub-paragraph (2), omit “by the constituency returning officer”. |
| Paragraph 9 (procedure on issue of postal ballot papers) | In sub-paragraph (2), omit “Where an elector is entitled to give two votes”. |
| Paragraph 9 (procedure on issue of postal ballot papers) | For sub-paragraph (5) substitute— 5 Sub-paragraphs (5A) and (5B) apply where— a proceedings on the issue of postal ballot papers are taken together by virtue of paragraph 2; and b a combined postal voters list or proxy postal voters list is produced by virtue of paragraph [32](https://www.legislation.gov.uk/ukpga/2011/1/schedule/6/paragraph/32/enacted) of Schedule 6 to the Parliamentary Voting System and Constituencies Act 2011. 5A In a case where a postal ballot paper is issued at the same time in respect of the Assembly elections and the referendum, a single mark must be placed in the list under sub-paragraph (3). 5B In any other case, a mark must be placed in the list under sub-paragraph (3) identifying the poll to which each postal ballot paper issued relates. 5C Where proceedings on the issue of postal ballot papers are taken together by virtue of paragraph 2, the number of each postal ballot paper issued shall be marked on the postal voting statement under paragraph (4). |
| Paragraph 9 (procedure on issue of postal ballot papers) | In sub-paragraph (6), for the words from the beginning to “but” substitute “Where”. |
| Paragraph 9 (procedure on issue of postal ballot papers) | In sub-paragraph (8)— after “sub-paragraph (7)” insert “in relation to an Assembly election”; at the end insert— and, in relation to the referendum, the items specified in sub-paragraph (7) must be sent to the address to which postal ballot papers should be sent as mentioned in column 3 of the table in paragraph [5(2)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/5/2/enacted) or [8(6)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/8/6/enacted) of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011. |
| Paragraph 10 (refusal to issue postal ballot papers) | For “constituency returning officer” substitute “relevant returning or counting officer”. |
| Paragraph 10 (refusal to issue postal ballot papers) | After “election” insert “or the referendum”. |
| Paragraph 11 (envelopes) | In sub-paragraph (1)— for “constituency returning officer” substitute “relevant returning or counting officer”; after “Schedule 5” insert “or rule [12](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/12/enacted) of the referendum rules”. |
| Paragraph 11 (envelopes) | In sub-paragraph (2)— for “constituency returning officer” substitute “relevant returning or counting officer”; in paragraph (c), at the beginning insert “unless the envelope has a window through which the number on the ballot paper (or ballot papers) can be displayed,”. |
| Paragraph 11 (envelopes) | In sub-paragraph (3), for the words from the beginning to “but” substitute “Where”. |
| Paragraph 12 (sealing up of completed corresponding number lists) | In sub-paragraph (1), for “constituency returning officer” substitute “relevant returning or counting officer”. |
| Paragraph 12 (sealing up of completed corresponding number lists) | In sub-paragraph (2), for “returning officer” substitute “relevant returning or counting officer”. |
| Paragraph 13 (delivery of postal ballot papers) | In sub-paragraph (1)— for “constituency returning officer” substitute “relevant returning or counting officer”; in paragraph (c), after “Schedule 5” insert “or rule [14](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/14/enacted) of the referendum rules”. |
| Paragraph 13 (delivery of postal ballot papers) | In sub-paragraph (2), for “constituency returning officer” substitute “relevant returning or counting officer”. |
| Paragraph 14 (spoilt postal ballot papers) | For “constituency returning officer” (in each place) substitute “relevant returning or counting officer”. |
| Paragraph 14 (spoilt postal ballot papers) | In sub-paragraph (2)(b), for “election” substitute “poll”. |
| Paragraph 15 (lost postal ballot papers) | For “constituency returning officer” (in each place) substitute “relevant returning or counting officer”. |
| Paragraph 15 (lost postal ballot papers) | In sub-paragraph (3)(b), for “election” substitute “poll”. |
| Paragraph 16 (notice of opening of postal ballot paper envelopes) | In sub-paragraph (1)— for “constituency returning officer” substitute “relevant returning or counting officer”; for paragraphs (a) and (b) substitute “each of the persons mentioned in sub-paragraph (1A)”. |
| Paragraph 16 (notice of opening of postal ballot paper envelopes) | After sub-paragraph (1) insert— 1A The persons are— a in relation to the constituency election, the candidates; b in relation to the regional election, the individual candidates and the election agent for each registered party standing nominated; c in relation to the referendum, the referendum agents. |
| Paragraph 16 (notice of opening of postal ballot paper envelopes) | In sub-paragraph (2)(b), after “party” insert “or referendum agent (as the case may be)”. |
| Return of postal ballot papers etc | After paragraph 16 insert— Return of postal ballot papers etc 16A 1 A postal ballot paper shall not be taken to be duly returned for the purposes of Part 1 of Schedule 6 to the Parliamentary Voting System and Constituencies Act 2011 unless— a before the close of the poll— i it is returned by hand or post and reaches the relevant returning or counting officer; or ii it is returned by hand to a polling station in the constituency or voting area for which the officer acts; b the postal voting statement duly signed is, before that time, also returned either— i by hand or post and reaches the relevant returning or counting officer; or ii by hand and reaches such a polling station; c the postal voting statement also states the date of birth of the elector or, as the case may be, proxy; and d in a case where the relevant returning or counting officer takes steps to verify the date of birth and signature of the elector or, as the case may be, proxy in accordance with paragraph 23 or, as the case may be, paragraph 24, he so verifies the date of birth and signature of that elector or, as the case may be, proxy. 2 The presiding officer of the polling station shall deliver or cause to be delivered any postal ballot paper or postal voting statement returned to that polling station to the relevant returning or counting officer in the same manner and at the same time as he delivers, or causes to be delivered, the packets referred to in rule 53 of Schedule 5 or rule 38 of the referendum rules. 3 The relevant returning or counting officer may collect, or cause to be collected, any postal ballot paper or postal voting statement which by virtue of sub-paragraph (2) the presiding officer of a polling station would otherwise be required to deliver or cause to be delivered to him. 4 Where the relevant returning or counting officer collects, or causes to be collected, any postal ballot paper or postal voting statement in accordance with sub-paragraph (3) the presiding officer shall first make it (or them) up into a packet (or packets) sealed with his own seal and the seals of such polling agents as are present and desire to affix their seals. |
| Paragraph 17 (postal ballot boxes and receptacles) | For “constituency returning officer” (in each place) substitute “relevant returning or counting officer”. |
| Paragraph 17 (postal ballot boxes and receptacles) | For sub-paragraph (2) substitute— 2 Each of those ballot boxes— a shall be marked “postal voter’s ballot box” or “postal ballot box” as appropriate; b shall be marked with the name of each constituency, electoral region or voting area in relation to which it is to be used. |
| Paragraph 17 (postal ballot boxes and receptacles) | In sub-paragraph (4), after “shall then” insert “lock the ballot box (if it has a lock) and”. |
| Paragraph 18 (receipt of covering envelope) | In sub-paragraphs (1) and (2), for “constituency returning officer” substitute “relevant returning or counting officer”. |
| Paragraph 19 (opening of postal voters’ ballot box) | In sub-paragraphs (1) and (2), for “constituency returning officer” substitute “relevant returning or counting officer”. |
| Paragraph 19 (opening of postal voters’ ballot box) | In sub-paragraph (3), for “votes under rule 55 of the Schedule 5” substitute “ballot papers”. |
| Paragraph 20 (opening of covering envelopes) | For “constituency returning officer” (in each place) substitute “relevant returning or counting officer”. |
| Paragraph 21 (confirming receipt of postal voting statements) | For “constituency returning officer” (in each place) substitute “relevant returning or counting officer”. |
| Paragraph 21 (confirming receipt of postal voting statements) | In sub-paragraph (2)(a), for “returning officer” substitute “relevant returning or counting officer”. |
| Paragraph 22 (procedure in relation to postal voting statements) | For “constituency returning officer” (in each place) substitute “relevant returning or counting officer”. |
| Paragraph 22 (procedure in relation to postal voting statements) | After sub-paragraph (3) insert— 3A Before placing the statement in the receptacle for rejected votes, the relevant returning or counting officer shall show it to the agents and, if any of them object to his decision, he shall add the words “rejection objected to”. |
| Paragraph 23 (procedure in relation to postal voting statements: personal identifier verification) | For “constituency returning officer” (in each place) substitute “relevant returning or counting officer”. |
| Paragraph 24 (postal voting statements: additional personal identifier verification) | For “constituency returning officer” or “returning officer” (in each place) substitute “relevant returning or counting officer”. |
| Paragraph 24 (postal voting statements: additional personal identifier verification) | In sub-paragraph (4), for “reseal the postal ballot box” substitute “lock the postal ballot box (if it has a lock) and reseal it”. |
| Paragraph 25 (opening of ballot paper envelopes) | In sub-paragraph (1), for “constituency returning officer” substitute “relevant returning or counting officer”. |
| Paragraph 26 (retrieval of cancelled postal ballot papers) | In sub-paragraph (1), for “constituency returning officer” substitute “relevant returning or counting officer”. |
| Paragraph 26 (retrieval of cancelled postal ballot papers) | In sub-paragraph (2)(f)— for “votes under rule 55 of Schedule 5” substitute “ballot papers”; for “reseal the postal ballot box” substitute “lock the postal ballot box (if it has a lock) and reseal it”. |
| Paragraph 27 (list of rejected postal ballot papers) | In sub-paragraph (1), for “, the constituency returning officer” substitute “and in respect of the referendum, the relevant returning or counting officer”. |
| Paragraph 28 (checking of lists of rejected postal ballot papers) | For “constituency returning officer” (in each place) substitute “the relevant returning or counting officer”. |
| Paragraph 28 (checking of lists of rejected postal ballot papers) | In sub-paragraph (3), at the end insert “or voting area under rule 38 of the referendum rules”. |
| Paragraph 29 (sealing of receptacles) | In sub-paragraph (1), for “constituency returning officer” substitute “the relevant returning or counting officer”. |
| Paragraph 30 (abandoned poll) | In sub-paragraph (2), for “election” substitute “poll”. |
| Paragraph 31 (forwarding or retention of documents) | In sub-paragraph (1)— for the words before sub-paragraph (a) substitute “The relevant returning or counting officer shall forward to the registration officer to whom he forwards the documents mentioned in rule 67 of Schedule 5 or rule 50 of the referendum rules, at the same time as he forwards those documents”; in paragraph (a), for the words from “the election to which” to the end substitute “each election or referendum and the area to which the packet relates”; in paragraph (b), at the end insert “in respect of each Assembly election, and a completed statement in the form set out in Form 10 in Part 3 of Schedule 6 to the Parliamentary Voting System and Constituencies Act 2011 in respect of the referendum”. |
| Paragraph 31 (forwarding or retention of documents) | In sub-paragraph (2)— for “constituency returning officer” (in both places) substitute “relevant returning or counting officer”; for “rule 55(7) of Schedule 5” substitute “paragraph 16A(2)”. |
| Paragraph 31 (forwarding or retention of documents) | In sub-paragraph (3), for “Rules 68 and 69 of Schedule 5” substitute “The rules specified in paragraph (3A)”. |
| Paragraph 31 (forwarding or retention of documents) | After sub-paragraph (3) insert— 3A The rules are— a in a case where proceedings on the issue and receipt of postal ballot papers are taken together by virtue of paragraph 2— i rule 51 of the referendum rules and rule 68 of Schedule 5, and ii rule 52 of the referendum rules; b in any other case— i rule 51 of the referendum rules or (as the case may be) rule 68 of Schedule 5, and ii rule 52 of the referendum rules or (as the case may be) rule 69 of Schedule 5. |
| Paragraph 31 (forwarding or retention of documents) | In sub-paragraph (4), for “constituency returning officer” substitute “relevant returning or counting officer”. |
| In Schedule 10, Form CD | In a case where proceedings on the issue and receipt of postal ballot papers are taken together by virtue of paragraph 2 of Schedule 3 to the Welsh Assembly Order, for “returning officer” in each place substitute “counting officer”. |
- (3) In the Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341) as they apply in relation to the referendum by virtue of Schedule 4—
- (a) regulation 61B(3)(a) has effect as if for the words after “postal ballot papers” there were substituted “ in accordance with paragraph 23(4) or 24(3)(a) of Schedule 3 to the National Assembly for Wales (Representation of the People) Order 2007 ”;
- (b) regulation 116(1) has effect as if for “regulation 91 above” there were substituted “ paragraph 31 of Schedule 3 to the National Assembly for Wales (Representation of the People) Order 2007 ”.
## PART 3 — Forms referred to in Parts 1 and 2
@@ -5486,31 +5051,31 @@
##### 1
The polls to be taken together under section 4(3) are referred to in this Schedule as “combined polls”.
The polls to be taken together under section 4(3) are referred to in this Schedule as “*combined polls*”.
##### 2
In this Schedule—
- “the 2010 Order” means the Scottish Parliament (Elections etc.) Order 2010 ([S.I. 2010/2999](https://www.legislation.gov.uk/uksi/2010/2999));
- “constituency ballot paper” means a ballot paper for the poll for electing a constituency member in a Scottish parliamentary election;
- “constituency returning officer” is to be construed in accordance with Article 14 of the 2010 Order;
- “counting agent” means a counting agent for the referendum or a counting agent for a Scottish parliamentary election (except where one or other is specified);
- “regional ballot paper” means a ballot paper for the poll for electing a regional member in a Scottish parliamentary election;
- “referendum ballot paper” means a ballot paper for the referendum;
- “regional returning officer” has the meaning given by section 12(6) of the Scotland Act 1998;
- “returning officer” means a person who is a constituency returning officer or a regional returning officer (unless one or other is specified);
- “Scottish parliamentary election” means an election in a constituency held under section 2 of the Scotland Act 1998 (comprising the poll for electing a constituency member and the poll for electing regional members);
- “Scottish Parliamentary Election Rules” means the rules set out in Schedule 2 to the 2010 Order.
- “*the 2010 Order*” means the Scottish Parliament (Elections etc.) Order 2010 (S.I. 2010/2999);
- “*constituency ballot paper*” means a ballot paper for the poll for electing a constituency member in a Scottish parliamentary election;
- “*constituency returning officer*” is to be construed in accordance with Article 14 of the 2010 Order;
- “*counting agent*” means a counting agent for the referendum or a counting agent for a Scottish parliamentary election (except where one or other is specified);
- “*regional ballot paper*” means a ballot paper for the poll for electing a regional member in a Scottish parliamentary election;
- “*referendum ballot paper*” means a ballot paper for the referendum;
- “*regional returning officer*” has the meaning given by section 12(6) of the Scotland Act 1998;
- “*returning officer*” means a person who is a constituency returning officer or a regional returning officer (unless one or other is specified);
- “*Scottish parliamentary election*” means an election in a constituency held under section 2 of the Scotland Act 1998 (comprising the poll for electing a constituency member and the poll for electing regional members);
- “*Scottish Parliamentary Election Rules*” means the rules set out in Schedule 2 to the 2010 Order.
#### Cost of combined polls
@@ -5532,13 +5097,13 @@
- (2) An order under subsection (3)(b) of that section (as it has effect as mentioned above) may include special provision for services rendered or expenses incurred by a counting officer in respect of transferred functions.
- (3) Article 19 of the 2010 Order (taxation of returning officer’s accounts) applies as if a reference to a returning officer included a reference to a counting officer carrying out transferred functions.
- (3) Article 19 of the 2010 Order (taxation of returning officer's accounts) applies as if a reference to a returning officer included a reference to a counting officer carrying out transferred functions.
#### Forms
##### 5
Forms 2, 3, 4, 6, 7 and 9 in Part 3 of this Schedule are “relevant forms” for the purposes of rule 10 of the referendum rules.
Forms 2, 3, 4, 6, 7 and 9 in Part 3 of this Schedule are “*relevant forms*” for the purposes of rule 10 of the referendum rules.
### Action to be taken before poll
@@ -5562,7 +5127,7 @@
- (1) This paragraph applies where proceedings on the issue and receipt of postal ballot papers are not taken together by virtue of paragraph 2 of Schedule 4 to the 2010 Order.
- (2) The counting officer must prepare a list under sub-paragraph [(3)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/7/paragraph/7/3/enacted) or [(4)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/7/paragraph/7/4/enacted) as the officer thinks fit.
- (2) The counting officer must prepare a list under sub-paragraph (3) or (4) as the officer thinks fit.
- (3) A list under this sub-paragraph is a list containing the numbers and other unique identifying marks of all of the ballot papers to be provided to presiding officers in pursuance of rule 38(1) of the Scottish Parliamentary Election Rules.
@@ -5574,15 +5139,15 @@
The list must be in the form set out in Form 1 in Part 3 of this Schedule.
- (5) A list prepared under rule 29 of the Scottish Parliamentary Election Rules must not include details relating to ballot papers in relation to which a list is prepared under sub-paragraph [(3)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/7/paragraph/7/3/enacted) or [(4)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/7/paragraph/7/4/enacted).
- (6) A reference in an enactment to a list prepared under rule 29 of the Scottish Parliamentary Election Rules has effect, in so far as it relates to ballot papers to be provided in pursuance of rule 38(1) of those rules, as a reference to the list prepared under sub-paragraph [(3)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/7/paragraph/7/3/enacted) or [(4)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/7/paragraph/7/4/enacted).
- (7) Where the counting officer prepares a list under sub-paragraph [(4)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/7/paragraph/7/4/enacted) in relation to ballot papers—
- (5) A list prepared under rule 29 of the Scottish Parliamentary Election Rules must not include details relating to ballot papers in relation to which a list is prepared under sub-paragraph (3) or (4).
- (6) A reference in an enactment to a list prepared under rule 29 of the Scottish Parliamentary Election Rules has effect, in so far as it relates to ballot papers to be provided in pursuance of rule 38(1) of those rules, as a reference to the list prepared under sub-paragraph (3) or (4).
- (7) Where the counting officer prepares a list under sub-paragraph (4) in relation to ballot papers—
- (a) the list prepared under rule 6 of the referendum rules must not include details relating to those ballot papers;
- (b) a reference in an enactment to a list prepared under rule 6 of the referendum rules has effect, in so far as it relates to ballot papers to be provided in pursuance of rule 17(1) of the referendum rules, as a reference to the list prepared under sub-paragraph [(4)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/7/paragraph/7/4/enacted).
- (b) a reference in an enactment to a list prepared under rule 6 of the referendum rules has effect, in so far as it relates to ballot papers to be provided in pursuance of rule 17(1) of the referendum rules, as a reference to the list prepared under sub-paragraph (4).
#### Notice of polling stations
@@ -5762,13 +5327,13 @@
##### 27
The returning officer’s function of signing certificates as to employment under rule 41(4) of the Scottish Parliamentary Election Rules is to be carried out by the counting officer.
The returning officer's function of signing certificates as to employment under rule 41(4) of the Scottish Parliamentary Election Rules is to be carried out by the counting officer.
#### Removal from polling station
##### 28
The constituency returning officer’s function under rule 42(2)(b) of the Scottish Parliamentary Election Rules of authorising someone to remove a person from a polling station is to be carried out by the counting officer.
The constituency returning officer's function under rule 42(2)(b) of the Scottish Parliamentary Election Rules of authorising someone to remove a person from a polling station is to be carried out by the counting officer.
#### Voting procedure: copies of registers and lists of proxies
@@ -5836,9 +5401,9 @@
- (c) votes marked on regional ballot papers.
- (2) Where a person’s entry in that list does not relate to all three kinds of ballot paper, the entry must identify each kind to which it relates.
- (3) In this paragraph “list of votes marked by the presiding officer” means a list compiled under—
- (2) Where a person's entry in that list does not relate to all three kinds of ballot paper, the entry must identify each kind to which it relates.
- (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, or
@@ -5852,7 +5417,7 @@
- (1) A declaration made by the companion of a voter with disabilities must be in the form set out in Form 9 in Part 3 of this Schedule.
- (2) In this paragraph “declaration made by the companion of a voter with disabilities” means a declaration made by a companion under—
- (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, or
@@ -5876,9 +5441,9 @@
- (c) votes marked on regional ballot papers.
- (2) Where a person’s entry in that list does not relate to all three kinds of ballot paper, the entry must identify each kind to which it relates.
- (3) In this paragraph “list of voters with disabilities assisted by companions” means a list compiled under—
- (2) Where a person's entry in that list does not relate to all three kinds of ballot paper, the entry must identify each kind to which it relates.
- (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, or
@@ -5898,9 +5463,9 @@
- (c) tendered regional ballot papers.
- (2) Where a person’s entry in that list does not relate to all three kinds of tendered ballot paper, the entry must identify each kind to which it relates.
- (3) In this paragraph “tendered votes list” means a list compiled under—
- (2) Where a person's entry in that list does not relate to all three kinds of tendered ballot paper, the entry must identify each kind to which it relates.
- (3) In this paragraph “*tendered votes list*” means a list compiled under—
- (a) rule 33(7) of the referendum rules, or
@@ -5920,9 +5485,9 @@
- (c) regional ballot papers.
- (2) Where a person’s entry in that list does not relate to all three kinds of ballot paper, the entry must identify each kind to which it relates.
- (3) In this paragraph “list of persons to whom ballot papers are delivered in consequence of late alterations to the register” means a list compiled under—
- (2) Where a person's entry in that list does not relate to all three kinds of ballot paper, the entry must identify each kind to which it relates.
- (3) In this paragraph “*list of persons to whom ballot papers are delivered in consequence of late alterations to the register*” means a list compiled under—
- (a) rule 36 of the referendum rules, or
@@ -5932,7 +5497,7 @@
##### 37
Rule 52(1) of the Scottish Parliamentary Election Rules has effect as if “counting officer” were substituted for “CRO”.
Rule 52(1) of the Scottish Parliamentary Election Rules has effect as if “counting officer” were substituted for “ CRO ”.
#### Procedure on close of poll
@@ -5956,7 +5521,7 @@
##### 40
Rule 53(2) of the Scottish Parliamentary Election Rules has effect as if “counting officer” were substituted for “CRO” in each place.
Rule 53(2) of the Scottish Parliamentary Election Rules has effect as if “counting officer” were substituted for “ CRO ” in each place.
##### 41
@@ -5968,19 +5533,19 @@
##### 42
- (1) The counting officer must make arrangements for counting the ballot papers and carrying out the other functions conferred by paragraph [46](https://www.legislation.gov.uk/ukpga/2011/1/schedule/7/paragraph/46/enacted) in the presence of the counting agents.
- (2) The counting officer must give the counting agents and the regional returning officer notice in writing of the time and place at which the proceedings under paragraph [46](https://www.legislation.gov.uk/ukpga/2011/1/schedule/7/paragraph/46/enacted) will begin.
- (3) A person may be present at the proceedings under paragraph [46](https://www.legislation.gov.uk/ukpga/2011/1/schedule/7/paragraph/46/enacted) only if—
- (1) The counting officer must make arrangements for counting the ballot papers and carrying out the other functions conferred by paragraph 46 in the presence of the counting agents.
- (2) The counting officer must give the counting agents and the regional returning officer notice in writing of the time and place at which the proceedings under paragraph 46 will begin.
- (3) A person may be present at the proceedings under paragraph 46 only if—
- (a) the person is entitled to be present at the counting of the votes for the referendum or the Scottish parliamentary election, or
- (b) the person is permitted by the counting officer to attend.
- (4) The counting officer may give a person permission under sub-paragraph [(3)(b)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/7/paragraph/42/3/b/enacted) only if—
- (a) the officer is satisfied that the person’s attendance will not impede the efficient conduct of the proceedings, and
- (4) The counting officer may give a person permission under sub-paragraph (3)(b) only if—
- (a) the officer is satisfied that the person's attendance will not impede the efficient conduct of the proceedings, and
- (b) the officer has consulted the referendum agents and election agents or thought it impracticable to do so.
@@ -5990,7 +5555,7 @@
- (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.
the officer can give them consistently with the orderly conduct of the proceedings and the discharge of the officer's duties.
##### 43
@@ -5998,7 +5563,7 @@
##### 44
- (1) The constituency returning officer must make arrangements for counting the votes for the Scottish parliamentary election in the presence of the counting agents for the election as soon as practicable after receiving the ballot papers from the counting officer under paragraph [47](https://www.legislation.gov.uk/ukpga/2011/1/schedule/7/paragraph/47/enacted).
- (1) The constituency returning officer must make arrangements for counting the votes for the Scottish parliamentary election in the presence of the counting agents for the election as soon as practicable after receiving the ballot papers from the counting officer under paragraph 47.
- (2) The constituency returning officer must give the counting agents for the Scottish parliamentary election and the regional returning officer notice in writing of the time and place at which the counting of the votes for the elections will begin.
@@ -6008,9 +5573,9 @@
- (b) the person would be entitled to be present at the counting of votes for the Scottish parliamentary election if it were taken on its own.
- (4) The constituency returning officer may give a person permission under sub-paragraph [(3)(a)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/7/paragraph/44/3/a/enacted) only if—
- (a) the officer is satisfied that the person’s attendance will not impede the efficient counting of the votes, and
- (4) The constituency returning officer may give a person permission under sub-paragraph (3)(a) 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 election agents or thought it impracticable to do so.
@@ -6020,13 +5585,13 @@
- (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.
the officer can give them consistently with the orderly conduct of the proceedings and the discharge of the officer's duties.
- (6) In particular, where the votes are counted by sorting the ballot papers into lots according to the votes marked on them and then counting the number of ballot papers in each lot, the counting agents for the Scottish parliamentary election are entitled to satisfy themselves that the ballot papers are correctly sorted.
##### 45
Paragraphs [42](https://www.legislation.gov.uk/ukpga/2011/1/schedule/7/paragraph/42/enacted) and [44](https://www.legislation.gov.uk/ukpga/2011/1/schedule/7/paragraph/44/enacted) apply instead of rule 54 of the Scottish Parliamentary Election Rules.
Paragraphs 42 and 44 apply instead of rule 54 of the Scottish Parliamentary Election Rules.
#### Counting and separation of ballot papers by counting officer
@@ -6052,7 +5617,7 @@
- (4) The counting officer must, in the presence of the referendum agents and the election agents for the Scottish parliamentary election—
- (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);
- (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 separate statement as to the result of the verification in relation to each poll.
@@ -6088,13 +5653,13 @@
- (a) those ballot papers must be sealed into packets, each of which must be endorsed with a description of its contents, and
- (b) the packets may not be opened until the counting officer begins dealing with the ballot papers in those packets under paragraph [48(1)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/7/paragraph/48/1/enacted).
- (b) the packets may not be opened until the counting officer begins dealing with the ballot papers in those packets under paragraph 48(1).
- (4) If, in respect of the constituency poll or the regional poll, none of the ballot papers have been delivered under sub-paragraph (1) by the time the statements as to the result of the verification of the ballot paper accounts in relation to all the polls are prepared—
- (a) the ballot papers for that poll must be sealed into packets, each of which must be endorsed with a description of its contents, and
- (b) the packets may not be opened until the constituency returning officer begins dealing with the ballot papers in those packets under paragraph [48(3)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/7/paragraph/48/3/enacted).
- (b) the packets may not be opened until the constituency returning officer begins dealing with the ballot papers in those packets under paragraph 48(3).
#### Counting of votes
@@ -6128,11 +5693,11 @@
- (6) During the time so excluded the counting or constituency returning officer must—
- (a) place the ballot papers and other documents relating to the referendum or Scottish parliamentary election under the officer’s own seal and the seals of any of the counting agents who want to affix their seals, and
- (a) place the ballot papers and other documents relating to the referendum or Scottish parliamentary election 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.
- (7) This paragraph and paragraph [49](https://www.legislation.gov.uk/ukpga/2011/1/schedule/7/paragraph/49/enacted) apply instead of rule 55 of the Scottish Parliamentary Election Rules.
- (7) This paragraph and paragraph 49 apply instead of rule 55 of the Scottish Parliamentary Election Rules.
#### Ballot papers placed in wrong ballot box
@@ -6174,13 +5739,13 @@
- (4) Except for the purposes of this paragraph, rule 69 of the Scottish Parliamentary Election Rules has effect as if it did not include a reference to the specified documents.
- (5) Rule 70(8) of the Scottish Parliamentary Election Rules has effect as if for “by this paragraph provided” there were substituted “provided by this paragraph (or a court order)”.
- (5) Rule 70(8) of the Scottish Parliamentary Election Rules has effect as if for “by this paragraph provided” there were substituted “ provided by this paragraph (or a court order) ”.
##### 53
Schedule 8 to the 2010 Order has effect—
- (a) as if the reference in paragraph 1 to documents retained under rule 71 of the Scottish Parliamentary Election Rules were to documents retained under rule [50(1)(b)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/50/1/b/enacted) of the referendum rules as applied by paragraph [52](https://www.legislation.gov.uk/ukpga/2011/1/schedule/7/paragraph/52/enacted) above;
- (a) as if the reference in paragraph 1 to documents retained under rule 71 of the Scottish Parliamentary Election Rules were to documents retained under rule 50(1)(b) of the referendum rules as applied by paragraph 52 above;
- (b) as if the reference to that Schedule in paragraph 4(2) were to any enactment;
@@ -6198,9 +5763,9 @@
the countermand or direction does not affect the other poll at the Scottish parliamentary election or the poll for the referendum.
- (2) Rule 78 of the Scottish Parliamentary Election Rules has effect as if it were amended in accordance with sub-paragraphs (3) and [(4)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/7/paragraph/54/4/enacted).
- (3) In paragraph (2), after “CRO” insert “or counting officer”.
- (2) Rule 78 of the Scottish Parliamentary Election Rules has effect as if it were amended in accordance with sub-paragraphs (3) and (4).
- (3) In paragraph (2), after “CRO” insert “ or counting officer ”.
- (4) For paragraph (3) substitute—
@@ -6253,79 +5818,11 @@
- (b) expressions used in relation to the referendum under section 1 are to be construed in accordance with the definitions in section 7 and rule 53 of the referendum rules.
- (3) In the Representation of the People (Scotland) Regulations 2001 ([S.I. 2001/497](https://www.legislation.gov.uk/uksi/2001/497)) as they apply in relation to the referendum by virtue of Schedule 4—
- (a) regulation 61B(3)(a) has effect as if for the words after “postal ballot papers,” there were substituted “in accordance with paragraph 20(4)(b), 21(4)(b) or 22(3)(b) of Schedule 4 to the Scottish Parliament (Elections etc.) Order 2010”;
- (b) regulation 116(1) has effect as if for “regulation 91” there were substituted “paragraph 30 of Schedule 4 to the Scottish Parliament (Elections etc.) Order 2010”.
| Provision | Modification |
| --- | --- |
| Paragraph 1 (interpretation) | For the definition of “agent” substitute— “agent”, except in paragraph 5(3) to (10)— in relation to the election, includes an election agent and a person appointed to attend in the election agent’s place; in relation to the referendum, means a referendum agent or an agent appointed under paragraph 5(3). |
| Paragraph 1 (interpretation) | In the appropriate places insert— “postal voters list” includes the list kept under paragraph 5(2) of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011;”; “proxy postal voters list” includes the list kept under paragraph 8(6) of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011; ; “relevant returning or counting officer” means— in a case where proceedings on the issue and receipt of postal ballot papers are taken together by virtue of paragraph 2, the counting officer; in any other case, the constituency returning officer, in relation to the election, or the counting officer, in relation to the referendum; . |
| Paragraph 1 (interpretation) | In the definition of “valid postal voting statement”, for “CRO” substitute “relevant returning or counting officer”. |
| Paragraph 2 (combination of polls) | For paragraph 2 substitute— Combination of polls 2 Proceedings on the issue and receipt of postal ballot papers in respect of the Scottish parliamentary election and the referendum may, if the CRO and the counting officer think fit, be taken together. |
| Paragraph 3 (form of postal voting statement) | Omit the whole paragraph. |
| Paragraph 4 (persons entitled to be present at proceedings on issue of postal ballot papers) | In sub-paragraph (1)— for “CRO” substitute “relevant returning or counting officer”; for “CRO’s” substitute “relevant returning or counting officer’s”. |
| Paragraph 4 (persons entitled to be present at proceedings on issue of postal ballot papers) | In sub-paragraph (2), for “CRO” substitute “relevant returning or counting officer”. |
| Paragraph 5 (persons entitled to be present at proceedings on receipt of postal ballot papers) | For sub-paragraph (1) substitute— 1 In a case where proceedings on the receipt of postal ballot papers are taken together by virtue of paragraph 2, the only persons who may be present at those proceedings are the appropriate persons in relation to the Scottish parliamentary election and the referendum. 1A In any other case, the only persons who may be present at the proceedings on the receipt of postal ballot papers— a in respect of the Scottish parliamentary election, are the appropriate persons in relation to the election; b in respect of the referendum, are the appropriate persons in relation to the referendum. 1B The following are appropriate persons in relation to the Scottish parliamentary election— a the CRO and members of the CRO’s staff; b the regional returning officer; c a candidate for return as a constituency member or an election agent of such a candidate or any person appointed by a candidate to attend in his election agent’s place; d an individual candidate for return as a regional member or his election agent or any person authorised by the candidate to attend in his election agent’s place; e the election agent of a registered party standing nominated or the nominating officer of that party or any person authorised by that officer to attend in his place; f an agent appointed under sub-paragraph (3). 1C The following are appropriate persons in relation to the referendum— a the counting officer; b the counting officer’s clerks; c the referendum agents and any agents appointed under sub-paragraph (3). 1D This paragraph is without prejudice to section 6A, 6B, 6C, 6D or 6E of the 2000 Political Parties Act. |
| Paragraph 5 (persons entitled to be present at proceedings on receipt of postal ballot papers) | In sub-paragraph (2)— for “CRO” substitute “relevant returning or counting officer”; at the end insert “in relation to proceedings under this Schedule”. |
| Paragraph 5 (persons entitled to be present at proceedings on receipt of postal ballot papers) | In sub-paragraphs (3) to (9), for “CRO” substitute “relevant returning or counting officer”. |
| Paragraph 5 (persons entitled to be present at proceedings on receipt of postal ballot papers) | Omit sub-paragraph (6). |
| Paragraph 5 (persons entitled to be present at proceedings on receipt of postal ballot papers) | After sub-paragraph (9) insert— 9A In relation to the referendum, in sub-paragraph (3), (4), (7) or (10) a reference to a candidate for return as a constituency member is to be read as a reference to a referendum agent. |
| Paragraph 5 (persons entitled to be present at proceedings on receipt of postal ballot papers) | In sub-paragraph (11), for “the candidates or their agents” substitute “any persons mentioned in sub-paragraphs (1B)(c) to (f) or (1C)(c)”. |
| Paragraph 6 (notification of requirement of secrecy) | For paragraph 6 substitute— Notification of requirements of secrecy 6 1 In a case where proceedings on the issue and receipt of postal ballot papers are taken together by virtue of paragraph 2, the counting officer shall make such arrangements as he thinks fit to ensure that every person attending the proceedings in connection with the issue or receipt of postal ballot papers has been given a copy in writing of— a the provisions of article 31(5) and (7); and b the provisions of subsections (4) and (6) of section 66 of the 1983 Act as they apply in relation to the referendum. 2 In any other case— a the CRO shall make such arrangements as he thinks fit to ensure that every person attending proceedings in connection with the issue or receipt of postal ballot papers for the Scottish parliamentary election has been given a copy in writing of the provisions of article 31(5) and (7); b the counting officer shall make such arrangements as he thinks fit to ensure that every person attending proceedings in connection with the issue or receipt of postal ballot papers for the referendum has been given a copy in writing of the provisions of subsections (4) and (6) of section 66 of the 1983 Act as they apply to the referendum. |
| Paragraph 7 (time when postal ballot papers are to be issued) | In sub-paragraph (1), after “voting statement)” insert “for the Scottish parliamentary election”. |
| Paragraph 7 (time when postal ballot papers are to be issued) | After sub-paragraph (1) insert— 1A In the case of a person within entry 2, 3, 4 or 5 of the table in paragraph [5(2)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/5/2/enacted) of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011 or entry 2, 3, 4 or 5 of the table in paragraph [8(6)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/8/6/enacted) of that Schedule (electors and proxies entitled to vote by post for an indefinite or definite period), no postal ballot paper (and no postal voting statement) for the referendum shall be issued until after 5 pm on the eleventh day before the date of the poll (computed in accordance with paragraph 9(7) of Schedule 3 to this Order). |
| Paragraph 7 (time when postal ballot papers are to be issued) | In sub-paragraph (2), omit “by the CRO”. |
| Paragraph 8 (procedure on issue of postal ballot papers) | For sub-paragraph (3) substitute— 3 Sub-paragraphs (3A) and (3B) apply where— a proceedings on the issue of postal ballot papers are taken together by virtue of paragraph 2; and b a combined postal voters list or proxy postal voters list is produced by virtue of paragraph [31](https://www.legislation.gov.uk/ukpga/2011/1/schedule/7/paragraph/31/enacted) of Schedule 7 to the Parliamentary Voting System and Constituencies Act 2011. 3A In a case where a postal ballot paper is issued at the same time in respect of the Scottish parliamentary election and the referendum, a single mark must be placed in the list under sub-paragraph (1). 3B In any other case, a mark must be placed in the list under sub-paragraph (1) identifying the poll to which each postal ballot paper issued relates. 3C Where proceedings on the issue of postal ballot papers are taken together by virtue of paragraph 2, the number of each postal ballot paper issued shall be marked on the postal voting statement under paragraph (2). |
| Paragraph 8 (procedure on issue of postal ballot papers) | In sub-paragraph (4), for the words from the beginning to “but” substitute “Where”. |
| Paragraph 8 (procedure on issue of postal ballot papers) | In sub-paragraph (6)— after “sub-paragraph (5)” insert “in relation to a Scottish parliamentary election”; at the end insert— and, in relation to the referendum, the items specified in sub-paragraph (5) must be sent to the address to which postal ballot papers should be sent as mentioned in column 3 of the table in paragraph [5(2)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/5/2/enacted) or [8(6)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/3/paragraph/8/6/enacted) of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011. |
| Paragraph 9 (refusal to issue postal ballot papers) | For paragraph 9 substitute— Refusal to issue ballot papers 9 Where the relevant returning or counting officer is satisfied that two or more entries in either the postal voters list, or the proxy postal voters list, or in each of those lists relate to the same elector he shall not issue more than one constituency ballot paper, regional ballot paper or referendum ballot paper (as the case may be) in respect of the same elector. |
| Paragraph 10 (envelopes) | In sub-paragraph (1)— for “CRO” substitute “relevant returning or counting officer”; after “Rules” insert “or rule [12](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/12/enacted) of the referendum rules”. |
| Paragraph 10 (envelopes) | In sub-paragraph (2)— for “CRO” substitute “relevant returning or counting officer”; in paragraph (c), at the beginning insert “unless the envelope has a window through which the number on the ballot paper (or ballot papers) can be displayed,”. |
| Paragraph 10 (envelopes) | In sub-paragraph (3), for the words from the beginning to “but” substitute “Where”. |
| Paragraph 11 (delivery of postal ballot papers) | In sub-paragraph (1)— for “CRO” substitute “relevant returning or counting officer”; for “CRO’s” substitute “relevant returning or counting officer’s”. |
| Paragraph 11 (delivery of postal ballot papers) | In sub-paragraph (2), for “CRO” substitute “relevant returning or counting officer”. |
| Paragraph 12 (security of marked lists) | In sub-paragraphs (1) and (2), for “CRO” substitute “relevant returning or counting officer”. |
| Paragraph 13 (spoilt postal ballot papers) | For “CRO” (in each place) substitute “relevant returning or counting officer”. |
| Paragraph 14 (lost postal ballot papers) | For “CRO” (in each place) substitute “relevant returning or counting officer”. |
| Paragraph 15 (notice of opening of postal ballot paper envelopes) | In sub-paragraph (1)— for “CRO” substitute “relevant returning or counting officer”; for paragraphs (a) and (b) substitute “each of the persons mentioned in sub-paragraph (1A)”. |
| Paragraph 15 (notice of opening of postal ballot paper envelopes) | After sub-paragraph (1) insert— 1A The persons are— a in relation to the Scottish parliamentary election, each candidate for return as a constituency member, each individual candidate for return as a regional member and the election agent for each registered party standing nominated; b in relation to the referendum, the referendum agents. |
| Paragraph 15 (notice of opening of postal ballot paper envelopes) | In sub-paragraph (2)(b), after “candidate” insert “or referendum agent (as the case may be)”. |
| Return of postal ballot papers etc | After paragraph 15 insert— Return of postal ballot papers etc 15A 1 A postal ballot paper shall not be taken to be duly returned for the purposes of Part 1 of Schedule 7 to the Parliamentary Voting System and Constituencies Act 2011 unless— a before the close of the poll— i it is returned by hand or post and reaches the relevant returning or counting officer; or ii it is returned by hand to a polling station in the constituency or voting area for which the officer acts; b the postal voting statement duly signed is, before that time, also returned either— i by hand or post and reaches the relevant returning or counting officer; or ii by hand and reaches such a polling station; c the postal voting statement also states the date of birth of the elector or, as the case may be, proxy; and d in a case where the relevant returning or counting officer takes steps to verify the date of birth and signature of the elector or, as the case may be, proxy in accordance with paragraph 21 or, as the case may be, paragraph 22, he so verifies the date of birth and signature of that elector or, as the case may be, proxy. 2 The presiding officer of the polling station shall deliver or cause to be delivered any postal ballot paper or postal voting statement returned to that polling station to the relevant returning or counting officer in the same manner and at the same time as he delivers, or causes to be delivered, the packets referred to in rule 53 of Schedule 2 or rule 38 of the referendum rules. 3 The relevant returning or counting officer may collect, or cause to be collected, any postal ballot paper or postal voting statement which by virtue of sub-paragraph (2) the presiding officer of a polling station would otherwise be required to deliver or cause to be delivered to him. 4 Where the relevant returning or counting officer collects, or causes to be collected, any postal ballot paper or postal voting statement in accordance with sub-paragraph (3) the presiding officer shall first make it (or them) up into a packet (or packets) sealed with his own seal and the seals of such polling agents as are present and desire to affix their seals. |
| Paragraph 16 (postal ballot boxes and receptacles) | For “CRO” (in each place) substitute “relevant returning or counting officer”. |
| Paragraph 16 (postal ballot boxes and receptacles) | For sub-paragraph (2) substitute— 2 Each of those ballot boxes— a shall be marked “postal voter’s ballot box” or “postal ballot box” as appropriate; b shall be marked with the name of each constituency, electoral area or voting area in relation to which it is to be used. |
| Paragraph 16 (postal ballot boxes and receptacles) | In sub-paragraph (4)— for “CRO’s” substitute “relevant returning or counting officer’s”; after “then” insert “lock the ballot box (if it has a lock) and”. |
| Paragraph 17 (receipt of covering envelope) | In sub-paragraphs (1) and (2), for “CRO” substitute “relevant returning or counting officer”. |
| Paragraph 17 (receipt of covering envelope) | Omit sub-paragraphs (3) and (4). |
| Paragraph 18 (opening of postal voters’ ballot box) | In sub-paragraphs (1) and (2), for “CRO” substitute “relevant returning or counting officer”. |
| Paragraph 18 (opening of postal voters’ ballot box) | In sub-paragraph (3), for “votes under rule 55 of the Scottish Parliamentary Election Rules” substitute “ballot papers”. |
| Paragraph 19 (opening of covering envelopes) | For “CRO” (in each place) substitute “relevant returning or counting officer”. |
| Paragraph 19 (opening of covering envelopes) | In sub-paragraph (10), for “or (3)(a)” substitute “, (3A) or (3B)”. |
| Paragraph 20 (procedure in relation to postal voting statements) | For “CRO” (in each place) substitute “relevant returning or counting officer”. |
| Paragraph 20 (procedure in relation to postal voting statements) | In sub-paragraph (4)(c), for “CRO’s” substitute “relevant returning or counting officer’s”. |
| Paragraph 21 (procedure in relation to postal voting statements: personal identifier verification) | For “CRO” (in each place) substitute “relevant returning or counting officer”. |
| Paragraph 21 (procedure in relation to postal voting statements: personal identifier verification) | In sub-paragraph (4)(c), for “CRO’s” substitute “relevant returning or counting officer’s”. |
| Paragraph 22 (postal voting statements: additional personal identifier verification) | For “CRO” (in each place) substitute “relevant returning or counting officer”. |
| Paragraph 22 (postal voting statements: additional personal identifier verification) | In sub-paragraphs (3)(c) and (5), for “CRO’s” substitute “relevant returning or counting officer’s”. |
| Paragraph 22 (postal voting statements: additional personal identifier verification) | In sub-paragraph (4), for “reseal the postal ballot box” substitute “lock the postal ballot box (if it has a lock), and reseal it,”. |
| Paragraph 23 (opening of ballot paper envelopes) | In sub-paragraph (1), for “CRO” substitute “relevant returning or counting officer”. |
| Paragraph 24 (retrieval of cancelled postal ballot papers) | In sub-paragraphs (1) and (2), for “returning officer”, and for “CRO”, substitute “relevant returning or counting officer”. |
| Paragraph 24 (retrieval of cancelled postal ballot papers) | In sub-paragraph (2)(f), for “votes under rule 55 of the Scottish Parliamentary Election Rules” substitute “ballot papers”. |
| Paragraph 24 (retrieval of cancelled postal ballot papers) | In sub-paragraph (3)— for “CRO” substitute “relevant returning or counting officer”; for “CRO’s” substitute “relevant returning or counting officer’s”. |
| Paragraph 25 (lists of rejected postal ballot papers) | In sub-paragraph (1), for “any election, the CRO” substitute “the Scottish parliamentary election and in respect of the referendum, the relevant returning or counting officer”. |
| Paragraph 26 (checking of lists of rejected postal ballot papers) | For “CRO” (in each place) substitute “the relevant returning or counting officer”. |
| Paragraph 26 (checking of lists of rejected postal ballot papers) | In sub-paragraph (3), at the end insert “or voting area under rule 38 of the referendum rules”. |
| Paragraph 27 (confirming receipt of postal votes and postal voting statements) | In sub-paragraphs (1) and (2), for “CRO” substitute “the relevant returning or counting officer”. |
| Paragraph 28 (sealing of receptacles) | In sub-paragraph (1), for “CRO” substitute “the relevant returning or counting officer”. |
| Paragraph 29 (abandoned poll) | In sub-paragraph (2), for “election” substitute “poll”. |
| Paragraph 30 (forwarding or retention of documents) | In sub-paragraph (1)— for the words before sub-paragraph (a) substitute “The relevant returning or counting officer shall retain, together with the documents mentioned in rule 69(1) of the Scottish Parliamentary Election Rules and rule 49 of the referendum rules”; in paragraph (a), for the words from “the election to which” to the end substitute “the election or referendum to which it relates and the area to which it relates”; in paragraph (b), at the end insert “in respect of the election, and a completed statement in the form set out in Form 10 in Part 3 of Schedule 7 to the Parliamentary Voting System and Constituencies Act 2011 in respect of the referendum”. |
| Paragraph 30 (forwarding or retention of documents) | In sub-paragraph (2)— in paragraph (a), for “Rule 53(2)(g) of the Scottish Parliamentary Election Rules” substitute “paragraph 15A”; for “CRO” substitute “relevant returning or counting officer”. |
| Paragraph 30 (forwarding or retention of documents) | In sub-paragraph (3), for “Rules 68, 69, 70 and 71(1) of the Scottish Parliamentary Elections Rules” substitute “The rules specified in sub-paragraph (3A)”. |
| Paragraph 30 (forwarding or retention of documents) | After sub-paragraph (3) insert— 3A The rules are— a in a case where proceedings on the issue and receipt of postal ballot papers are taken together by virtue of paragraph 2— i rule 51 of the referendum rules and rule 70 of the Scottish Parliamentary Elections Rules, and ii rule 52 of the referendum rules; b in any other case— i in relation to a document or packet relating to the Scottish parliamentary election, rules 68, 69, 70 and 71(1) of the Scottish Parliamentary Election Rules; ii in relation to a document or packet relating to the referendum, rules 50 and 51 of the referendum rules. |
| Paragraph 30 (forwarding or retention of documents) | In sub-paragraph (4), for “CRO” substitute “relevant returning or counting officer”. |
| In the Appendix, form W | In a case where proceedings on the issue and receipt of postal ballot papers are taken together by virtue of paragraph 2 of Schedule 4 to the Scottish Parliamentary Election Order, for “Returning Officer” or “Constituency Returning Officer”, in each place, substitute “Counting Officer”. |
- (3) In the Representation of the People (Scotland) Regulations 2001 (S.I. 2001/497) as they apply in relation to the referendum by virtue of Schedule 4—
- (a) regulation 61B(3)(a) has effect as if for the words after “postal ballot papers,” there were substituted “ in accordance with paragraph 20(4)(b), 21(4)(b) or 22(3)(b) of Schedule 4 to the Scottish Parliament (Elections etc.) Order 2010 ”;
- (b) regulation 116(1) has effect as if for “regulation 91” there were substituted “ paragraph 30 of Schedule 4 to the Scottish Parliament (Elections etc.) Order 2010 ”.
## PART 3 — Forms referred to in Parts 1 and 2
@@ -6341,25 +5838,25 @@
##### 1
- (1) An election the poll for which is, under section 4(4), to be taken together with the poll for the referendum is referred to in this Schedule as a “relevant election”.
- (2) The polls to be taken together are referred to in this Schedule as “combined polls”.
- (1) An election the poll for which is, under section 4(4), to be taken together with the poll for the referendum is referred to in this Schedule as a “*relevant election*”.
- (2) The polls to be taken together are referred to in this Schedule as “*combined polls*”.
##### 2
In this Schedule—
- “Assembly election” means an election to the Northern Ireland Assembly;
- “Assembly Elections Rules” means the parliamentary elections rules as applied for the purposes of Assembly elections by Article 3(1) of, and Schedule 1 to, the Northern Ireland Assembly (Elections) Order 2001 ([S.I. 2001/2599](https://www.legislation.gov.uk/uksi/2001/2599));
- “Chief Electoral Officer” means the Chief Electoral Officer for Northern Ireland;
- “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 election” has the meaning given in section 130(1) of the Electoral Law Act (Northern Ireland) 1962;
- “Local Elections Rules” means the rules set out in Schedule 5 to the Electoral Law Act (Northern Ireland) 1962.
- “*Assembly election*” means an election to the Northern Ireland Assembly;
- “*Assembly Elections Rules*” means the parliamentary elections rules as applied for the purposes of Assembly elections by Article 3(1) of, and Schedule 1 to, the Northern Ireland Assembly (Elections) Order 2001 (S.I. 2001/2599);
- “*Chief Electoral Officer*” means the Chief Electoral Officer for Northern Ireland;
- “*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 election*” has the meaning given in section 130(1) of the Electoral Law Act (Northern Ireland) 1962;
- “*Local Elections Rules*” means the rules set out in Schedule 5 to the Electoral Law Act (Northern Ireland) 1962.
#### Cost of combined polls
@@ -6383,17 +5880,17 @@
##### 5
- (1) The reference in paragraph [5(5)(a)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/1/paragraph/5/5/a/enacted) of Schedule 1 to a counting officer’s functions includes (subject to sub-paragraph (5)) the functions of the Chief Electoral Officer that are conferred by—
- (1) The reference in paragraph 5(5)(a) of Schedule 1 to a counting officer's functions includes (subject to sub-paragraph (5)) the functions of the Chief Electoral Officer that are conferred by—
- (a) the relevant provisions of the Assembly Elections Rules;
- (b) the relevant provisions of the Local Elections Rules;
- (c) Part 5 of the Representation of the People (Northern Ireland) Regulations 2008 ([S.I. 2008/1741](https://www.legislation.gov.uk/uksi/2008/1741)) or Part 3 of Schedule 2 to the Local Elections (Northern Ireland) Order 1985 ([S.I. 1985/454](https://www.legislation.gov.uk/uksi/1985/454)) (issue and receipt of postal ballot papers);
- (d) paragraph [33(1)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/8/paragraph/33/1/enacted), [(2)(b)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/8/paragraph/33/2/b/enacted) and [(6)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/8/paragraph/33/6/enacted) below.
- (2) The reference in paragraph [5(5)(c)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/1/paragraph/5/5/c/enacted) of that Schedule to information that a counting officer has or is entitled to have includes information that the Chief Electoral Officer has, or is entitled to have, by virtue of exercising those functions.
- (c) Part 5 of the Representation of the People (Northern Ireland) Regulations 2008 (S.I. 2008/1741) or Part 3 of Schedule 2 to the Local Elections (Northern Ireland) Order 1985 (S.I. 1985/454) (issue and receipt of postal ballot papers);
- (d) paragraph 33(1), (2)(b) and (6) below.
- (2) The reference in paragraph 5(5)(c) of that Schedule to information that a counting officer has or is entitled to have includes information that the Chief Electoral Officer has, or is entitled to have, by virtue of exercising those functions.
- (3) The relevant provisions of the Assembly Elections Rules are—
@@ -6445,7 +5942,7 @@
- (c) rule 16A of the Local Elections Rules to the extent that it relates to ballot papers issued in pursuance of rule 21(1) of those rules, or
- (d) paragraph [33(2)(b)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/8/paragraph/33/2/b/enacted) below,
- (d) paragraph 33(2)(b) below,
fall within sub-paragraph (1) only where the Chief Electoral Officer decides that the proceedings on the issue and receipt of postal ballot papers in respect of the referendum and the relevant elections are to be taken together.
@@ -6455,7 +5952,7 @@
##### 6
Forms 2 to 5, 7 and 8 in Part 3 of this Schedule are “relevant forms” for the purposes of rule 10 of the referendum rules.
Forms 2 to 5, 7 and 8 in Part 3 of this Schedule are “*relevant forms*” for the purposes of rule 10 of the referendum rules.
### Action to be taken before poll
@@ -6627,13 +6124,13 @@
- (1) Rule 17 of the referendum rules has effect as if—
- (a) in paragraph (6), for “inside and outside every polling station” there were substituted “outside every polling station and in every compartment of every polling station”, and
- (a) in paragraph (6), for “inside and outside every polling station” there were substituted “ outside every polling station and in every compartment of every polling station ”, and
- (b) paragraph (7) were omitted.
- (2) Rule 29 of the Assembly Elections Rules has effect as if—
- (a) in paragraph (4), for “inside and outside every polling station” there were substituted “outside every polling station and in every compartment of every polling station”, and
- (a) in paragraph (4), for “inside and outside every polling station” there were substituted “ outside every polling station and in every compartment of every polling station ”, and
- (b) paragraph (5) were omitted.
@@ -6685,9 +6182,9 @@
##### 20
- (1) Rule 35 of the Assembly Elections Rules has effect as if, in the questions in entries 1, 2 and 4 of the table in paragraph (1), after “at this” (in each place) there were inserted “Assembly”.
- (2) Rule 32 of the Local Elections Rules has effect as if, in paragraphs (1) and (2), after “at this” (in each place) there were inserted “local”.
- (1) Rule 35 of the Assembly Elections Rules has effect as if, in the questions in entries 1, 2 and 4 of the table in paragraph (1), after “at this” (in each place) there were inserted “ Assembly ”.
- (2) Rule 32 of the Local Elections Rules has effect as if, in paragraphs (1) and (2), after “at this” (in each place) there were inserted “ local ”.
#### Voting procedure: copies of registers and lists of proxies
@@ -6765,9 +6262,9 @@
- (3) Where appropriate—
- (a) a reference in any enactment to a list mentioned in sub-paragraphs [(i)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/8/paragraph/23/2/a/i/enacted) to [(iii)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/8/paragraph/23/2/a/iii/enacted) of sub-paragraph [(2)(a)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/8/paragraph/23/2/a/enacted) is to be read as a reference to the combined postal voters list;
- (b) a reference in any enactment to a list mentioned in sub-paragraphs [(i)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/8/paragraph/23/2/b/i/enacted) to [(iii)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/8/paragraph/23/2/b/iii/enacted) of sub-paragraph [(2)(b)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/8/paragraph/23/2/b/enacted) is to be read as a reference to the combined proxy postal voters list.
- (a) a reference in any enactment to a list mentioned in sub-paragraphs (i) to (iii) of sub-paragraph (2)(a) is to be read as a reference to the combined postal voters list;
- (b) a reference in any enactment to a list mentioned in sub-paragraphs (i) to (iii) of sub-paragraph (2)(b) is to be read as a reference to the combined proxy postal voters list.
#### List of votes marked by presiding officer
@@ -6775,13 +6272,13 @@
- (1) If the Chief Electoral Officer thinks fit, a single list of votes marked by the presiding officer may be used for the purposes of the referendum and the relevant elections.
- (2) Where a person’s entry in that list does not relate to the referendum and each relevant election the entry must—
- (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—
- (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,
@@ -6795,7 +6292,7 @@
- (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—
- (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,
@@ -6817,13 +6314,13 @@
- (1) If the Chief Electoral Officer thinks fit, a single list of voters with disabilities assisted by companions may be used for the purposes of the referendum and the relevant elections.
- (2) Where a person’s entry in that list does not relate to the referendum and each relevant election the entry must—
- (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—
- (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,
@@ -6837,13 +6334,13 @@
- (1) If the Chief Electoral Officer thinks fit, a single tendered votes list may be used for the purposes of the referendum and the relevant elections.
- (2) Where a person’s entry in that list does not relate to the referendum and each relevant election the entry must—
- (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 “tendered votes list” means a list compiled under—
- (3) In this paragraph “*tendered votes list*” means a list compiled under—
- (a) rule 33(7) of the referendum rules,
@@ -6857,13 +6354,13 @@
- (1) If the Chief Electoral Officer thinks fit, a single list of persons to whom ballot papers are delivered in consequence of late alterations to the register may be used for the purposes of the referendum and the relevant elections.
- (2) Where a person’s entry in that list does not relate to the referendum and each relevant election the entry must—
- (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 persons to whom ballot papers are delivered in consequence of late alterations to the register” means a list compiled under—
- (3) In this paragraph “*list of persons to whom ballot papers are delivered in consequence of late alterations to the register*” means a list compiled under—
- (a) rule 36 of the referendum rules,
@@ -6919,11 +6416,11 @@
##### 32
- (1) The Chief Electoral Officer must make arrangements for carrying out the functions conferred by paragraph [33](https://www.legislation.gov.uk/ukpga/2011/1/schedule/8/paragraph/33/enacted), and for counting the votes as soon as practicable, in the presence of the counting agents.
- (1) The Chief Electoral Officer must make arrangements for carrying out the functions conferred by paragraph 33, and for counting the votes as soon as practicable, in the presence of the counting agents.
- (2) The Chief Electoral Officer must give the counting agents—
- (a) notice in writing of the time and place at which the proceedings under paragraph [33](https://www.legislation.gov.uk/ukpga/2011/1/schedule/8/paragraph/33/enacted) will begin;
- (a) notice in writing of the time and place at which the proceedings under paragraph 33 will begin;
- (b) notice of the time and place at which the counting of the votes will begin.
@@ -6939,7 +6436,7 @@
- (4) The Chief Electoral Officer may give a person permission under sub-paragraph (3) only if—
- (a) the officer is satisfied that the person’s attendance will not impede the efficient conduct of the proceedings, and
- (a) the officer is satisfied that the person's attendance will not impede the efficient conduct of the proceedings, and
- (b) the officer has consulted the referendum agents and election agents or thought it impracticable to do so.
@@ -6949,7 +6446,7 @@
- (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.
the officer can give them consistently with the orderly conduct of the proceedings and the discharge of the officer's duties.
#### Counting and separation of ballot papers
@@ -6967,9 +6464,9 @@
- (a) it is returned in the proper envelope so as to reach the Chief Electoral 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 Chief Electoral 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.
- (3) Unless section 10(4B), 10A(1B) or 13A(2B) of the 1983 Act applies, the declaration of identity referred to in sub-paragraph (2) is not to be taken to be duly signed unless the Chief Electoral Officer is satisfied that the signature on the declaration corresponds with the signature supplied as the elector’s signature in pursuance of section 10(4A)(a), 10A(1A)(a) or 13A(2A)(a) of that Act.
- (b) in the case of an elector, the declaration of identity states the elector's date of birth and the Chief Electoral 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.
- (3) Unless section 10(4B), 10A(1B) or 13A(2B) of the 1983 Act applies, the declaration of identity referred to in sub-paragraph (2) is not to be taken to be duly signed unless the Chief Electoral Officer is satisfied that the signature on the declaration corresponds with the signature supplied as the elector's signature in pursuance of section 10(4A)(a), 10A(1A)(a) or 13A(2A)(a) of that Act.
- (4) The Chief Electoral Officer must not count any tendered ballot papers.
@@ -6981,7 +6478,7 @@
- (6) The Chief Electoral Officer must, in the presence of the referendum agents and the election agents for the relevant elections—
- (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);
- (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 separate statement as to the result of the verification in relation to each poll.
@@ -6991,11 +6488,11 @@
- (9) Once the statement relating to the referendum is drawn up, the Chief Electoral Officer must inform the Chief Counting Officer of the contents of the statement.
- (10) If the Chief Electoral Officer has not begun to count the votes given on the ballot papers for a particular poll by the time the statements under sub-paragraph [(6)(b)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/8/paragraph/33/6/b/enacted) in relation to all the polls are prepared—
- (10) If the Chief Electoral Officer has not begun to count the votes given on the ballot papers for a particular poll by the time the statements under sub-paragraph (6)(b) in relation to all the polls are prepared—
- (a) the ballot papers for that poll must be sealed into packets, each of which must be endorsed with a description of its contents, and
- (b) the packets may not be opened until the Chief Electoral Officer begins dealing with the ballot papers in those packets under paragraph [34(1)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/8/paragraph/34/1/enacted).
- (b) the packets may not be opened until the Chief Electoral Officer begins dealing with the ballot papers in those packets under paragraph 34(1).
#### Counting of votes
@@ -7021,7 +6518,7 @@
- (4) During the time so excluded the Chief Electoral Officer must—
- (a) place the ballot papers and other documents relating to the referendum or election under the officer’s own seal and the seals of any of the counting agents who want to affix their seals, and
- (a) place the ballot papers and other documents relating to the referendum or election 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.
@@ -7029,7 +6526,7 @@
##### 35
Paragraphs [32](https://www.legislation.gov.uk/ukpga/2011/1/schedule/8/paragraph/32/enacted) to [34](https://www.legislation.gov.uk/ukpga/2011/1/schedule/8/paragraph/34/enacted) apply instead of—
Paragraphs 32 to 34 apply instead of—
- (a) rules 39 and 40 of the referendum rules;
@@ -7059,25 +6556,25 @@
- (1) Where—
- (a) a combined list is prepared as mentioned in paragraph [7(2)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/8/paragraph/7/2/enacted), [8(2)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/8/paragraph/8/2/enacted), [16(1)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/8/paragraph/16/1/enacted) or [22(1)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/8/paragraph/22/1/enacted),
- (b) the same copy of the register of electors is used as mentioned in paragraph [21(1)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/8/paragraph/21/1/enacted),
- (c) a single list is used as mentioned in paragraph [24(1)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/8/paragraph/24/1/enacted), [26(1)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/8/paragraph/26/1/enacted), [27(1)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/8/paragraph/27/1/enacted) or [28(1)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/8/paragraph/28/1/enacted), or
- (d) a declaration made by the companion of a voter with disabilities (within the meaning of paragraph [25](https://www.legislation.gov.uk/ukpga/2011/1/schedule/8/paragraph/25/enacted)) relates to the referendum or Assembly election as well as a local election,
rules [50(1)(b)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/50/1/b/enacted) and [52](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/52/enacted) of the referendum rules apply to those documents (and rule 58(1) of the Local Elections Rules has effect as if any reference to those documents were omitted).
- (2) Where a combined list is prepared as mentioned in paragraph [7(2)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/8/paragraph/7/2/enacted), [8(2)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/8/paragraph/8/2/enacted) or [16(1)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/8/paragraph/16/1/enacted), rule 59 of the Local Elections Rules, so far as it relates to corresponding number lists, has effect as if references to the proper officer of the council were to the Chief Electoral Officer.
- (3) Rule 56(8) of the Assembly Elections Rules and rule 59(7) of the Local Elections Rules each have effect as if for “by this rule provided” there were substituted “provided by this rule (or a court order)”.
- (a) a combined list is prepared as mentioned in paragraph 7(2), 8(2), 16(1) or 22(1),
- (b) the same copy of the register of electors is used as mentioned in paragraph 21(1),
- (c) a single list is used as mentioned in paragraph 24(1), 26(1), 27(1) or 28(1), or
- (d) a declaration made by the companion of a voter with disabilities (within the meaning of paragraph 25) relates to the referendum or Assembly election as well as a local election,
rules 50(1)(b) and 52 of the referendum rules apply to those documents (and rule 58(1) of the Local Elections Rules has effect as if any reference to those documents were omitted).
- (2) Where a combined list is prepared as mentioned in paragraph 7(2), 8(2) or 16(1), rule 59 of the Local Elections Rules, so far as it relates to corresponding number lists, has effect as if references to the proper officer of the council were to the Chief Electoral Officer.
- (3) Rule 56(8) of the Assembly Elections Rules and rule 59(7) of the Local Elections Rules each have effect as if for “by this rule provided” there were substituted “ provided by this rule (or a court order) ”.
##### 39
Schedule 3 to the Local Elections (Northern Ireland) Order 2010 has effect—
- (a) as if, in the definition of “the marked register or lists” in paragraph 1(1), the reference to documents retained under rule 60 of the Local Elections Rules included a reference to documents retained under rule [50(1)(b)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/2/paragraph/50/1/b/enacted) of the referendum rules as applied by paragraph [38](https://www.legislation.gov.uk/ukpga/2011/1/schedule/8/paragraph/38/enacted) above;
- (a) as if, in the definition of “the marked register or lists” in paragraph 1(1), the reference to documents retained under rule 60 of the Local Elections Rules included a reference to documents retained under rule 50(1)(b) of the referendum rules as applied by paragraph 38 above;
- (b) as if references to the proper officer included references to the Chief Electoral Officer.
@@ -7093,13 +6590,13 @@
the countermand or direction does not affect the poll for the other election or the poll for the referendum.
- (2) If the poll for a relevant election is abandoned because of a candidate’s death—
- (2) If the poll for a relevant election is abandoned because of a candidate's death—
- (a) no further ballot papers at that election must be delivered in any polling station;
- (b) at the close of the other polls the presiding officer must comply with the requirements of rule 43 of the Assembly Elections Rules (where the abandoned poll was the poll for the Assembly election) or rule 41 of the Local Elections Rules (where the abandoned poll was the poll for the local election) as if the poll for the relevant election had not been abandoned;
- (c) the Chief Electoral Officer must dispose of the ballot papers used at the abandoned election and other documents in the officer’s possession as the officer would have been required to do on the completion of the counting of the votes.
- (c) the Chief Electoral Officer must dispose of the ballot papers used at the abandoned election and other documents in the officer's possession as the officer would have been required to do on the completion of the counting of the votes.
- (3) In a case falling within sub-paragraph (2)—
@@ -7125,9 +6622,9 @@
In this Part—
- “the 2008 Regulations” means— the Representation of the People (Northern Ireland) Regulations 2008 ([S.I. 2008/1741](https://www.legislation.gov.uk/uksi/2008/1741)) as applied for purposes of the referendum by Part [4](https://www.legislation.gov.uk/ukpga/2011/1/schedule/4/part/4/enacted) of Schedule 4, and those regulations as applied for the purposes of Assembly elections by Article 3(2) of, and Schedule 2 to, the Northern Ireland Assembly (Elections) Order 2001 ([S.I. 2001/2599](https://www.legislation.gov.uk/uksi/2001/2599));
- “the Local Elections Order” means the Local Elections (Northern Ireland) Order 1985 ([S.I. 1985/454](https://www.legislation.gov.uk/uksi/1985/454)).
- “*the 2008 Regulations*” means—the Representation of the People (Northern Ireland) Regulations 2008 (S.I. 2008/1741) as applied for purposes of the referendum by Part 4 of Schedule 4, andthose regulations as applied for the purposes of Assembly elections by Article 3(2) of, and Schedule 2 to, the Northern Ireland Assembly (Elections) Order 2001 (S.I. 2001/2599);
- “*the Local Elections Order*” means the Local Elections (Northern Ireland) Order 1985 (S.I. 1985/454).
#### Attendance at proceedings on issue and receipt of postal ballot papers
@@ -7217,7 +6714,7 @@
##### 47
The following provisions have effect as if for the words after “opened” there were substituted “at the counting of the ballot papers”—
The following provisions have effect as if for the words after “opened” there were substituted “ at the counting of the ballot papers ”
- (a) regulation 85(3) of the 2008 Regulations;
@@ -7229,13 +6726,13 @@
- (1) This paragraph applies where the Chief Electoral Officer decides that the proceedings on the issue and receipt of postal ballot papers in respect of the referendum and the relevant elections are to be taken together.
- (2) The following provisions have effect as if after “number” there were inserted “(or one of the numbers)”—
- (2) The following provisions have effect as if after “number” there were inserted “ (or one of the numbers) ”
- (a) regulation 88(2)(a) of the 2008 Regulations;
- (b) paragraph 17B(2)(a) of Part 3 of Schedule 2 to the Local Elections Order.
- (3) The following provisions have effect as if at the end there were inserted “or, where more than one number appears on the ballot paper envelope, a sufficient number of ballot papers (marking the envelope to indicate the missing ballot paper)”—
- (3) The following provisions have effect as if at the end there were inserted “ or, where more than one number appears on the ballot paper envelope, a sufficient number of ballot papers (marking the envelope to indicate the missing ballot paper) ”
- (a) regulation 88(2)(c) of the 2008 Regulations;
@@ -7271,7 +6768,7 @@
- (b) in relation to a local election, are—
- (i) the packets, made up under paragraph 11 of Part 3 of Schedule 2 to the Local Elections Order, of any combined lists produced by virtue of paragraph [7](https://www.legislation.gov.uk/ukpga/2011/1/schedule/8/paragraph/7/enacted) or [23](https://www.legislation.gov.uk/ukpga/2011/1/schedule/8/paragraph/23/enacted) above;
- (i) the packets, made up under paragraph 11 of Part 3 of Schedule 2 to the Local Elections Order, of any combined lists produced by virtue of paragraph 7 or 23 above;
- (ii) the packets made up under paragraphs 12 and 17C of that Part.
@@ -7307,7 +6804,7 @@
- (10) Paragraph 19 of Part 3 of Schedule 2 to the Local Elections Order has effect as if—
- (a) in sub-paragraph (1), the reference to packets did not include the packets mentioned in sub-paragraph [(3)(b)](https://www.legislation.gov.uk/ukpga/2011/1/schedule/8/paragraph/50/3/b/enacted) above;
- (a) in sub-paragraph (1), the reference to packets did not include the packets mentioned in sub-paragraph (3)(b) above;
- (b) in sub-paragraph (2), the references to envelopes were omitted.
@@ -7333,302 +6830,93 @@
##### 1
Schedule 1 to the 1983 Act (parliamentary elections rules) is amended as follows.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 2
For rule 18 (poll to be taken by ballot) there is substituted—
> (18) The votes at the poll shall be given by ballot in accordance with rule 37A below, the result shall be ascertained in accordance with rule 45A below and the successful candidate shall be declared to have been elected.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 3
In rule 29 (equipment of polling stations), in paragraph (5), for the words after “the notice” there is substituted—
> Remember—use 1, 2, 3 etc at this election—this is an election using the alternative vote system.
> Put the number 1 next to the name of the candidate who is your first choice (or your only choice, if you want to vote for only one candidate).
> You can also put the number 2 next to your second choice, 3 next to your third choice, and so on.
> You can mark as few or as many choices (up to the number of candidates) as you wish.
> Do not use the same number more than once.
> Put no other mark on the ballot paper, or your vote may not be counted.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 4
In rule 44 (attendance at counting of votes), in paragraph (5), for “the candidate for whom the vote is given” there is substituted “the candidates to whom votes are allocated under rule 45A below”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 5
- (1) In rule 46 (re-count), for paragraph (1) there is substituted—
> (1) At the time when any stage of the counting or re-counting of the votes is completed, a candidate or candidate’s election agent who is then present may request the returning officer to have the votes re-counted or again re-counted in respect of any or all of the stages so far completed.
> (1A) The returning officer may refuse to comply with a request under paragraph (1) above if in the officer’s opinion it is unreasonable.
- (2) In paragraph (2) of that rule, after “on the completion of” there is inserted “any stage of”.
- (3) After that paragraph there is inserted—
> (3) At any time before the declaration of the result, the returning officer may, if the officer thinks fit, have the votes re-counted or again re-counted in respect of any or all of the stages.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 6
- (1) In rule 47 (rejected ballot papers), in the heading there is inserted at the end “and invalid markings”.
- (2) In paragraph (1) of that rule—
- (a) for sub-paragraph (b) there is substituted—
> (aa) on which the number 1 has not been marked against the name of any of the candidates, or
> (b) on which the number 1 has been marked against the name of more than one candidate, or
,
- (b) in sub-paragraph (d), for “void for uncertainty” there is substituted “is marked in a way that does not indicate a clear choice as to the voter’s first (or only) preference”;
- (c) for the words after that sub-paragraph there is substituted “shall, subject to the following provisions, be rejected as void and not counted at any stage.”
- (3) For paragraph (2) of that rule there is substituted—
> (2) A ballot paper on which a number is marked elsewhere than in a proper place shall not be deemed to be void for that reason alone.
> (2A) If a ballot paper is marked with the same number (other than the number 1) against the name of more than one candidate, that number (each time it appears) and any numbers after the repeated numbers shall be ignored for the purposes of rule [45A](#p00064) above.
> (2B) If—
> (a) one or more preferences are validly marked on a ballot paper, and
> (b) other marks are made on the paper which do not indicate a clear intention as to the voter’s next preference,
> those other marks shall be ignored for the purposes of rule [45A](#p00064) above.
> (2C) A ballot paper on which the voter makes any mark which—
> (a) is clearly intended to indicate a particular preference for a particular candidate, but
> (b) is not a number (or is a number written otherwise than as an arabic numeral),
> shall be treated in the same way as if the appropriate number (written as an arabic numeral) had been marked instead.
> (2D) In paragraph [(2C)](#p00590) above a reference to a mark includes a reference to more than one mark.
> (2E) Paragraphs [(2B)](#p00589) and [(2C)](#p00590) above apply only if the way the paper is marked does not itself identify the voter and it is not shown that the voter can be identified by it.
- (4) After paragraph (3) of that rule there is inserted—
> (3A) Where—
> (a) any mark on a ballot paper is ignored by reason of paragraph [(2A)](#p00588) or [(2B)](#p00589) above, and
> (b) the vote in question is not reallocated in accordance with rule [45A](#p00064) above, but would have been if the mark had been treated as indicating a preference for a remaining candidate,
> the returning officer shall endorse the ballot paper in question with the words “not reallocated” and an indication of the stage at which the mark was ignored.
> (3B) Where the returning officer endorses a ballot paper as mentioned in paragraph [(3A)](#p00592), the officer shall add to the endorsement the words “decision objected to” if an objection is made by a counting agent to the decision.
- (5) In paragraph (4) of that rule—
- (a) for sub-paragraph (b) there is substituted—
> (aa) not marking the number 1 against the name of any of the candidates;
> (b) marking the number 1 against the name of more than one candidate;
;
- (b) for sub-paragraph (d) there is substituted—
> (d) unmarked or marked in a way that does not indicate a clear choice as to the voter’s first (or only) preference.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 7
For rule 49 (equality of votes), and the heading, there is substituted—
> (49)
> (1) This rule applies to determine which candidate is eliminated under rule [45A(3)](#p00066) above in a case where—
> (a) there are two or more candidates with fewer votes than the others but an equal number to each other, or
> (b) there are three or more candidates, or remaining candidates, and they all have an equal number of votes to each other.
> The candidates with an equal number of votes to each other are referred to in this rule as “the tied candidates”.
> (2) The candidate to be eliminated where there has been a previous elimination is—
> (a) whichever of the tied candidates was allocated the fewer or fewest votes in accordance with voters’ first preferences, or
> (b) if that fails to resolve the tie, whichever of them had the fewer or fewest votes after the next stage of counting (if any),
> and so on.
> (3) Where there has been no previous elimination, or where there has been a previous elimination but the tie is not resolved under paragraph [(2)](#p00594) above, the returning officer shall forthwith decide by lot which of the tied candidates is to be eliminated.
> (49A)
> (1) This rule applies to determine which candidate is elected under rule [45A](#p00064) above—
> (a) in a case where there are only two remaining candidates and they have an equal number of votes, or
> (b) in the case of an election with only two candidates who receive an equal number of votes.
> (2) Where paragraph (1)(a) applies, the candidate to be elected is—
> (a) whichever of the remaining candidates was allocated the more votes in accordance with voter’s first preferences, or
> (b) if that fails to resolve the tie, whichever of them had the more votes after the next stage of counting (if any),
> and so on.
> (3) Where paragraph (1)(a) above applies but the tie is not resolved under paragraph (2) above, or where paragraph (1)(b) above applies, the returning officer shall forthwith decide by lot which of the two candidates is to be elected.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 8
In rule 50 (declaration of result), in paragraph (1), for sub-paragraphs (a) to (c) there is substituted—
> (a) declare the number of votes obtained by each candidate (including any reallocated in accordance with rule 45A above), starting with the candidate with the fewest and proceeding in order to the candidate with the most;
> (aa) declare which is the candidate who (in accordance with that rule) is elected;
> (ab) declare the stage at which each eliminated candidate was eliminated and the stage at which the elected candidate was elected;
> (b) return the name of the elected candidate to the Clerk of the Crown;
> (c) give public notice of the name of the elected candidate, the number of rejected ballot papers under each head shown in the statement of rejected ballot papers, the number of votes allocated to each candidate in accordance with voters’ first preferences, and for each subsequent stage of counting—
> (i) the name of the eliminated candidate,
> (ii) the number of votes reallocated to each of the remaining candidates, and
> (iii) the number of votes of the candidate eliminated at the previous stage that were not reallocated.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 9
In rule 53 (return or forfeiture of candidate’s deposit), in paragraph (4), for the words after “is completed,” there is substituted “the number of first-preference votes obtained by the candidate is found to be not more than one-twentieth of the total number of first-preference votes obtained by all the candidates.”
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 10
- (1) In rule 61 (deceased independent candidate wins), in paragraph (1), for “the majority of votes is given to the deceased candidate” there is substituted “the deceased candidate would have been elected (in accordance with rule 45A above) had he not died”.
- (2) In paragraph (2) of that rule, for sub-paragraph (a) there is substituted—
> (a) declare the number of votes obtained by each candidate (including any reallocated in accordance with rule 45A above), starting with the candidate with the fewest and proceeding in order to the candidate with the most,
> (aa) declare that the deceased candidate would have been elected had he not died,
.
- (3) For sub-paragraph (c) of that paragraph there is substituted—
> (c) give public notice of the number of rejected ballot papers under each head shown in the statement of rejected ballot papers, the number of votes allocated to each candidate in accordance with voters’ first preferences, and for each subsequent stage of counting—
> (i) the name of the candidate eliminated,
> (ii) the number of votes reallocated to each of the remaining candidates, and
> (iii) the number of votes of the candidate eliminated at the previous stage that were not reallocated.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 11
- (1) For rule 62 (deceased independent candidate with equality of votes) there is substituted—
> (62)
> (1) This rule applies in relation to an election mentioned in rule 60(1) above.
> (2) The reference in rule [45A(3)](#p00066) above to the candidate with the fewest votes, in a case where—
> (a) there are—
> (i) two or more candidates with fewer votes than the others but an equal number to each other, or
> (ii) three or more candidates, or remaining candidates, all with the same number of votes,
> and
> (b) one of them is a deceased candidate,
> shall be taken as a reference to the deceased candidate.
> (3) The reference in rule [45A(4)](#p00068) or [(5)](#p00069) above to the candidate with more votes than the other remaining candidates put together, in a case where—
> (a) there are only two remaining candidates,
> (b) those two candidates have an equal number of votes, and
> (c) one of them is a deceased candidate,
> shall be taken as a reference to the candidate other than the deceased candidate.
> (4) Where paragraph [(2)](#p00597) or [(3)](#p00598) above applies, it applies in place of rule 49 or 49A above.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 12
- (1) The Appendix of forms is amended as follows.
- (2) In the Form of Front of Ballot Paper—
- (a) for “**VOTE FOR ONE CANDIDATE ONLY**” there is substituted—
> **Put the number 1 next to the name of the candidate who is your first choice (or your only choice, if you want to vote for only one candidate).**
> **You can also put the number 2 next to your second choice, 3 next to your third choice, and so on.**
> **You can mark as few or as many choices (up to the number of candidates) as you wish.**
> **Do not use the same number more than once.**
- (b) the numbers on the left-hand side are omitted, together with the vertical rule separating them from the particulars of the candidates.
- (3) In the directions as to printing the ballot paper—
- (a) in paragraph 2(a), for “the direction to vote for one candidate only” there is substituted “the directions beginning “Put the number 1 next to the name of the candidate who is your first choice” and ending “Do not use the same number more than once.””;
- (b) in paragraph 2(b), for the words “the vertical rules separating those particulars from the numbers on the left-hand side and the spaces on the right” there is substituted “the vertical rule separating those particulars from the spaces on the right”.
- (4) In the Guidance for Voters—
- (a) for paragraph 1 there is substituted—
| 1 | When you are given a ballot paper go to one of the compartments. |
| --- | --- |
| 1 | Put the number 1 on the ballot paper in the box to the right of the name of the candidate who is your first choice (or your only choice, if you want to vote for only one candidate). |
| 1 | You can also put the number 2 in the box to the right of the name of the candidate who is your second choice, the number 3 in the box to the right of the name of the candidate who is your third choice, and so on. |
| 1 | You can mark as few or as many choices (up to the number of candidates) as you wish. |
| 1 | Do not use the same number more than once. |
- (b) in paragraph 2, the words “Vote for one candidate only.” are repealed.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
## PART 2 — Amendments of other provisions of the 1983 Act
##### 13
The 1983 Act is amended as follows.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 14
- (1) In section 66 (requirement of secrecy), in subsection (2)(b), for “the candidate for whom any vote is given on any particular ballot paper” there is substituted “how any particular ballot paper has been marked”.
- (2) In subsection (3)(b) and (c) of that section, for “the candidate for whom” there is substituted “how”.
- (3) In subsection (3)(d) of that section, for “the name of the candidate for whom he has or has not” there is substituted “how he has”.
- (4) In subsection (4)(d) of that section, for “the candidate for whom any vote is given on any particular ballot paper” there is substituted “how any particular ballot paper has been marked”.
- (5) In subsection (5) of that section, for “the candidate for whom” there is substituted “how”.
- (6) Subsections (7) and (8) of that section are repealed.
- (7) The amendments made by this paragraph do not apply to a local government election (within the meaning given by section 204(1) of the 1983 Act) in Scotland.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 15
In section 113 (bribery), in subsection (7)—
- (a) for “this section the expression” there is substituted “this section—
> (a) the expression
;
- (b) at the end there is inserted—
> (b) a reference to voting or refraining from voting, in the case of a parliamentary election, includes a reference to marking or refraining from marking preferences on the ballot paper;
> (c) a reference to the vote of any voter, in the case of a parliamentary election, includes a reference to the marking of a voter’s preferences on the ballot paper.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 16
In section 114 (treating), at the end there is inserted—
> (4) Subsection (7)(b) of section 113 above has effect for the purposes of this section as it has effect for the purposes of that one.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 17
In section 115 (undue influence), at the end there is inserted—
> (3) Subsection (7)(b) of section 113 above has effect for the purposes of this section as it has effect for the purposes of that one.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 18
- (1) In section 117 (savings as to parliamentary elections), in subsection (2)(b), for “to record his vote for any particular candidate” there is substituted “to vote in any particular way”.
- (2) In subsection (2)(c) of that section, for “recording his vote for any particular candidate” there is substituted “voting in any particular way”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 19
- (1) In section 139 (trial of election petition), in subsection (6) the words “the parliamentary elections rules or”, in both places, are repealed.
- (2) After that subsection there is inserted—
> (6A) If the petition relates to an election conducted under the parliamentary elections rules and it appears that there is an equality of votes between any candidates (a “tie”)—
> (a) rule 49, 49A or 62 of those rules (whichever is relevant) shall apply for the purposes of the petition;
> (b) where under rule 49 or 49A the tie falls to be resolved by lot—
> (i) any decision made by lot by the returning officer under that rule shall, in so far as it resolves the tie, be effective also for the purposes of the petition, and
> (ii) in so far as the tie is not resolved by such a decision, the court shall resolve it by lot.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 20
In section 165 (avoidance of election for employing corrupt agent), after subsection (3) there is inserted—
> (3A) In the case of a parliamentary election—
> (a) a vote shall be deemed in accordance with subsection (3) above to be thrown away only to the extent that it indicates a preference (whether a first preference or any other) for the person who was under the incapacity, and
> (b) any number on the voter’s ballot paper indicating a subsequent preference shall be treated as reduced by one.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 21
In section 166 (votes to be struck off for corrupt or illegal practices), in subsection (1), for the words from “election there shall” to the end there is substituted “election, then on a scrutiny—
> (a) there shall be disregarded any preference for the candidate (whether a first preference or any other) indicated by a voter who is proved to have been so bribed, treated or unduly influenced, and
> (b) any number on the voter’s ballot paper indicating a subsequent preference shall be treated as reduced by one.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 22
In section 199B (translations etc of certain documents), in subsection (6), for the words “in the case of a parliamentary election or” in paragraph (a) there is substituted—
> in the case of a parliamentary election, must have printed the following words both at the top and immediately below the list of candidates:
> - Put the number 1 next to the name of the candidate who is your first choice (or your only choice, if you want to vote for only one candidate).
> - You can also put the number 2 next to your second choice, 3 next to your third choice, and so on.
> - You can mark as few or as many choices (up to the number of candidates) as you wish.
> - Do not use the same number more than once.
> (aa) in the case of
.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
## PART 3 — Amendments of other enactments
@@ -7636,13 +6924,13 @@
##### 23
In Schedule 2A to the Parliamentary Constituencies Act 1986 (public hearings about Boundary Commission proposals), in the definition of “qualifying party” in paragraph 9, for “votes” there is substituted “first-preference votes”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Political Parties, Elections and Referendums Act 2000
##### 24
In section 3A of the 2000 Act (four Electoral Commissioners to be persons put forward by parties), in subsection (7), for “votes cast for” there is substituted “first-preference votes obtained by”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
## SCHEDULE 11
@@ -8401,35 +7689,3 @@
[^key-f0564ff1c5ffcb354395b1ece44bb20e]: [Sch. 12 Pt. 1](https://www.legislation.gov.uk/ukpga/2011/1/schedule/12/part/1) repealed (8.7.2011) by [Parliamentary Voting System and Constituencies Act 2011 (Repeal of Alternative Vote Provisions) Order 2011 (S.I. 2011/1702)](https://www.legislation.gov.uk/uksi/2011/1702), [arts. 1](https://www.legislation.gov.uk/uksi/2011/1702/article/1), [2(c)](https://www.legislation.gov.uk/uksi/2011/1702/article/2/c)
[^key-688adb72e2147fc9ddefc8ab5a698407]: [S. 9](https://www.legislation.gov.uk/ukpga/2011/1/section/9) repealed (8.7.2011) by [Parliamentary Voting System and Constituencies Act 2011 (Repeal of Alternative Vote Provisions) Order 2011 (S.I. 2011/1702)](https://www.legislation.gov.uk/uksi/2011/1702), [arts. 1](https://www.legislation.gov.uk/uksi/2011/1702/article/1), [2(a)](https://www.legislation.gov.uk/uksi/2011/1702/article/2/a)
#### Number and distribution of seats
#### Boundary Commission proposals: publicity and consultation
#### Orders
For “subsection (4) above and rule 37E(1) in Schedule 1 to this Act” substitute “ rule 27 of the referendum rules ”.
In subsection (2), for “at a parliamentary or local government election” substitute “ in the referendum ”.
For subsections (1) to (4) substitute—
For subsections (3) and (4) substitute—
For subsection (2) substitute—
In subsection (1)(a), for “regulations under rule 57 of the parliamentary election rules” substitute “ regulations mentioned in rule 52(5)(a) of the referendum rules ”.
For “the election of any candidate at a parliamentary election or a local government election to which this section applies” substitute “ a particular result in the referendum ”.
For subsection (2) substitute—
In subsection (2), for “an election” substitute “ the referendum ”.
For subsection (1) substitute—
For subsections (5) and (6) substitute—
In the definition of “prescribed”, after “regulations” insert “ applied by Schedule 4 to the Parliamentary Voting System and Constituencies Act 2011 ”.
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2011-02-16
Parliamentary Voting System and Constituencies Act 2011 — versión or
original version
Text at this date