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The National Assembly for Wales Referendum (Assembly Act Provisions) (Referendum Question, Date of Referendum Etc.) Order 2010

Type Statutory-Instrument

Publication 2010-12-15

State In force

Department Queen's Printer of Acts of Parliament

Source legislation.gov.uk

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articles 13

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(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.

(7) The production from proper custody of —

(a) a ballot paper purporting to have been used in the referendum; and

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

is prima facie evidence that the elector whose vote was given by that ballot paper was the person whose entry in the register (or on a notice issued under section 13B(3B) or (3D) of the 1983 Act) at the time of the referendum contained the same number as the number written as mentioned in sub-paragraph (b).

(8) Except in accordance with this rule, no person may inspect any rejected or counted ballot papers in the possession of the relevant registration officer or open any sealed packets of the completed corresponding number lists or of the certificates as to employment on duty on the date of the referendum.

Retention and public inspection of documents

44

(1) The relevant registration officer must retain for one year all documents relating to the referendum forwarded to that officer by virtue of rule 42 and then, unless directed by order of the High Court, the Crown Court or a magistrates’ court, must cause them to be destroyed.

(2) Except in the case of the documents to which paragraph (3) applies, while documents are retained under paragraph (1) they must be open to public inspection.

(3) The documents to which this paragraph applies are —

(a) ballot papers;

(b) the completed corresponding number lists; and

(4) The relevant registration officer must, on request, supply to any person copies of or extracts from any description of the documents open to public inspection under Part 7 of the 2001 Regulations as modified in relation to the referendum by Schedule 5 (“the modified Part 7 Regulations”).

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

(a) any condition imposed by the modified Part 7 Regulations; and

(b) the payment of any fee required by the modified Part 7 Regulations.

SCHEDULE 4 — OFFENCES

Offences relating to applications for postal and proxy votes

1

(1) A person who provides false information in connection with an application to which any of paragraphs 3, 5(8) or 6(6) or (7) of Schedule 1 applies is guilty of an offence.

(2) For the purposes of sub-paragraph (1), “false information” means a signature which —

(a) is not the usual signature of, or

(b) was written by a person other than,

the person whose signature it purports to be.

(3) A person does not commit an offence under sub-paragraph (1) if the person did not know, and had no reason to suspect, that the information was false.

(4) Where sufficient evidence is adduced to raise an issue with respect to the defence under sub-paragraph (3), the court is to assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.

(5) A person guilty of an offence under sub-paragraph (1) is liable on summary conviction to —

(a) imprisonment for a term not exceeding 51 months; or

(b) a fine not exceeding level 5 on the standard scale,

or both.

(6) In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003[^f00048], the reference in sub-paragraph (5)(a) to 51 weeks must be taken to be a reference to six months.

(7) A person (P) commits an offence if P —

(a) engages in an act specified in sub-paragraph (8) in the referendum; and

(b) intends, by doing so, to deprive another of an opportunity to vote or to make for P or another a gain of a vote to which P or the other is not otherwise entitled or a gain of money or property.

(8) These are the acts—

(a) applying for a postal or proxy vote as some other person (whether that other person is living or dead or is a fictitious person);

(b) otherwise making a false statement in, or in connection with, an application for a postal or proxy vote;

(c) inducing the registration officer or counting officer to send a postal ballot paper or any communication relating to a postal or proxy vote to an address which has not been agreed to by the person entitled to the vote;

(d) causing a communication relating to a postal or proxy vote or containing a postal ballot paper not to be delivered to the intended recipient.

(9) In sub-paragraph (7)(b), property includes any description of property.

(10) In sub-paragraph (8) a reference to a postal vote or a postal ballot paper includes a reference to a proxy postal vote or a proxy postal ballot paper (as the case may be).

(11) A person who commits an offence under sub-paragraph (7) or who aids, abets, counsels or procures the commission of such an offence is guilty of a corrupt practice.

(12) A person who—

(a) in any declaration or form used for any of the purposes of Parts 1 and 2 of Schedule 1, makes a statement knowing it to be false; or

(b) attests an application under paragraph 3, 5(8) or 6(6) or (7) of that Schedule knowing—

(i) that the person is not authorised to do so; or

(ii) that it contains statement which is false,

is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Personation

2

(1) A person is guilty of a corrupt practice if the person commits, or aids, abets, counsels or procures the commission of, the offence of personation.

(2) A person (P) is to be deemed guilty of personation in the referendum if P —

(a) votes in person or by post as some other person, whether as an elector or as proxy, and whether that other person is living or dead or is a fictitious person; or

(b) votes, as proxy, in person or by post —

(i) for a person whom P knows or has reasonable grounds for supposing to be dead or to be a fictitious person; or

(ii) when P knows or has reasonable grounds for supposing that P’s appointment as proxy is no longer in force.

(3) For the purposes of this paragraph, a person who has applied for a ballot paper for the purpose of voting in person or who has marked, whether validly or not, and returned a ballot paper issued for the purpose of voting by post, is deemed to have voted.

(4) Section 24A of the Police and Criminal Evidence Act 1984[^f00049] (arrest without warrant: other persons) does not permit a person other than a constable to arrest, inside a polling station, a person who commits or is suspected of committing an offence under the preceding provisions of this paragraph.

Other voting offences

3

(1) A person (P) is guilty of an offence if P —

(a) votes in person or by post in the referendum, whether as an elector or as proxy, or applies to vote by proxy or by post as an elector in the referendum knowing that P is subject to a legal incapacity to vote in the referendum; or

(b) applies for the appointment of a proxy to vote for P in the referendum knowing that P or the person to be appointed is subject to a legal incapacity to vote in the referendum; or

(c) votes, whether in person or by post, as proxy for some other person in the referendum, knowing that the other person is subject to a legal incapacity to vote.

(2) For the purposes of sub-paragraph (1), references to a person being subject to a legal incapacity to vote do not, in relation to things done before the day of the poll, include the person being below voting age if the person will be of voting age on that date.

(3) A person (P) is guilty of an offence if P —

(a) votes as an elector otherwise than by proxy more than once in the referendum;

(b) votes as an elector in person in the referendum when P is entitled to vote by post;

(c) votes as an elector in person in the referendum, knowing that a person appointed to vote as P’s proxy in the referendum either has already voted in person in the referendum or is entitled to vote by post in the referendum; or

(d) applies for a person to be appointed as P’s proxy to vote for P in the referendum without applying for the cancellation of a previous appointment of a third person then in force in respect of the referendum or without withdrawing a pending application for such an appointment in respect of the referendum.

(4) A person (P) is guilty of an offence if P —

(a) votes as proxy for the same elector more than once in the referendum;

(b) votes in person as proxy for an elector in the referendum when P is entitled to vote by post as proxy in the referendum for that elector; or

(c) votes in person as proxy for an elector in the referendum knowing that the elector has already voted in person in the referendum.

(5) A person (P) is guilty of an offence if P votes in the referendum as proxy for more than two persons of whom P is not the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild.

(6) A person (P) is guilty of an offence if P knowingly induces or procures some other person to do an act which is, or but for that other person’s want of knowledge would be, an offence by that other person under the foregoing provisions of this paragraph.

(7) For the purposes of this paragraph a person who has applied for a ballot paper for the purpose of voting in person, or who has marked, whether validly or not, and returned a ballot paper issued for the purpose of voting by post, is deemed to have voted, but for the purpose of determining whether an application for a ballot paper constitutes an offence under sub-paragraph (5), a previous application made in circumstances which entitle the applicant only to mark a tendered ballot paper is, if the person does not exercise that right, to be disregarded.

(8) A person is not guilty of an offence under sub-paragraph (3)(b) or (4)(b) only by reason of the person’s having marked a tendered ballot paper in reliance on situations B, C or D in rule 28 of the Referendum Rules.

(9) An offence under this paragraph is an illegal practice, but the court before whom a person is convicted of any such offence may, if the court thinks it just in the special circumstances of the case, mitigate or entirely remit any incapacity imposed by virtue of paragraph 25.

Breach of official duty

4

(1) If a person to whom this paragraph applies is, without reasonable cause, guilty of any act or omission in breach of the person’s official duty, the person is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(2) No person to whom this paragraph applies is liable, for breach of that person’s official duty, to any penalty at common law and no action for damages lies in respect of the breach by such a person of the person’s official duty.

(3) The persons to whom this paragraph applies are —

(a) the Chief Counting Officer, a Deputy Chief Counting Officer and any counting officer;

(b) any presiding officer or registration officer;

(d) any deputy of a person mentioned in sub-paragraph (a) to (c); and

(e) any person (“A”) appointed to assist or, in the course of A’s employment , assisting a person (“P”) mentioned in sub-paragraphs (a) to (c) in connection with P’s official duties,

and “official duty” for the purpose of this paragraph is to be construed accordingly, but does not include duties imposed otherwise than by this Order or the law relating to referendums.

(4) Where —

(a) the Chief Counting Officer, a Deputy Chief Counting Officer or a counting officer is guilty of an act or omission in breach of that officer’s official duty; but

(b) the officer remedies that act or omission in full by taking steps under paragraph (1) of article 12, the officer is not guilty of an offence under sub-paragraph (1).

(5) Sub–paragraph (4) does not affect any conviction which takes place, or any penalty which is imposed, before the date on which the act or omission is remedied in full.

Tampering with ballot papers etc.

5

(1) A person (P) is guilty of an offence if, in the referendum, P—

(a) fraudulently defaces or fraudulently destroys any ballot paper, or the official mark on any ballot paper, or any postal voting statement or official envelope used in connection with voting by post;

(b) without due authority, supplies any ballot paper to any person;

(d) fraudulently takes out of the polling station any ballot paper;

(e) without due authority, destroys, takes, opens or otherwise interferes with any ballot box or packet of ballot papers then in use for the purposes of the referendum; or

(f) fraudulently or without due authority, as the case may be, attempts to do any of the foregoing acts.

(2) If the Chief Counting Officer, a Deputy Chief Counting Officer, a counting officer, a presiding officer or a clerk appointed to assist in taking the poll, counting the votes or assisting at the proceedings in connection with the issue or receipt of postal ballot papers in the referendum, is guilty of an offence under this paragraph, the officer or clerk is liable —

(a) on conviction on indictment, to a fine, or to imprisonment for a term not exceeding 2 years, or to both; or

(b) on summary conviction, to a fine not exceeding the statutory maximum, or to imprisonment for a term not exceeding 6 months, or to both.

(3) If any other person is guilty of an offence under this paragraph the person is liable on summary conviction to a fine not exceeding level 5 on the standard scale, or to imprisonment for a term not exceeding 6 months, or to both.

(4) In relation to an offence committed under sub-paragraph (2) after the commencement of section 154(1) of the Criminal Justice Act 2003, the reference in sub-paragraph (2)(b) to 6 months is to be read as a reference to 12 months.

(5) In relation to an offence committed under sub-paragraph (3) after the commencement of section 281(5) of the Criminal Justice Act 2003, the reference in sub-paragraph (3) to 6 months is to be read as a reference to 51 weeks.

Requirement of secrecy

6

(1) The following persons attending at a polling station ,namely-—

(a) the Chief Counting Officer, a Deputy Chief Counting Officer or a counting officer;

(b) a deputy of a counting officer;

(d) a referendum agent;

(e) a polling agent; and

(f) any person so attending by virtue of any of sections 6A to 6D of the 2000 Act,

must maintain and aid in maintaining the secrecy of voting in the referendum and must not, except for some purpose authorised by law, communicate to any person before the poll is closed any information as to — the name of any elector or proxy for an elector who has or has not applied for a ballot paper or voted at a polling station; the number on the register of any elector who, or whose proxy, has or has not applied for a ballot paper or voted at a polling station; or the official mark on any ballot paper.

(2) A person attending at the counting of the votes must maintain and aid in maintaining the secrecy of voting and must not —

(a) ascertain or attempt to ascertain at the counting of the votes the number or other unique identifying mark on the back of any ballot paper; or

(b) communicate any information obtained at the counting of the votes as to the referendum answer for which any vote is given on any particular ballot paper.

(3) A person must not —

(a) interfere with or attempt to interfere with a voter when recording the voter’s vote;

(b) otherwise obtain or attempt to obtain in a polling station information as to the referendum answer for which a voter in that station is about to vote or has voted;

(c) communicate at any time to any person any information obtained in a polling station as to the referendum answer for which a voter in that station is about to vote or has voted, or as to the number or other unique identifying mark on the back of the ballot paper given to a voter at that station; or

(d) directly or indirectly induce a voter to display a ballot paper after the voter has marked it so as to make known to any person the referendum answer for which the voter has or has not voted.

(4) A person attending the proceedings in connection with the issue or the receipt of ballot papers for persons voting by post in the referendum must maintain and aid in maintaining the secrecy of the voting and must not —

(a) except for some purpose authorised by law, communicate, before the poll is closed, to any person any information obtained at those proceedings as to the official mark; or

(b) except for some purpose authorised by law, communicate to any person at any time any information obtained at those proceedings as to the number or other unique identifying mark on the back of the ballot paper sent to any person; or

(c) except for some purpose authorised by law, attempt to ascertain at the proceedings in connection with the receipt of ballot papers the number or other unique identifying mark on the back of any ballot paper sent to any person; or

(d) attempt to ascertain at the proceedings in connection with the receipt of the ballot papers the referendum answer for which any vote is given in any particular ballot paper or communicate any information with respect thereto obtained at those proceedings.

(5) A person having undertaken to assist a voter with disabilities to vote must not communicate at any time to any person any information as to the referendum answer for which that voter intends to vote or has voted, or as to the number or other unique identifying mark on the back of the ballot paper given for the use of that voter.

(6) If a person acts in contravention of this paragraph the person is liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding 6 months.

(7) In relation to an offence committed after the commencement of section 281(5) of the Criminal Justice Act 2003, the reference in sub-paragraph (6) to 6 months is to be read as a reference to 51 weeks.

(8) In this paragraph a voter with disabilities is a voter who has made a declaration under rule 27(1) of the Referendum Rules.

Prohibition on publication of exit polls

7

(1) No person may publish before the close of the poll —

(a) any statement relating to the way in which voters have voted in the referendum where that statement is (or might reasonably be taken to be) based on information given by voters after they have voted; or

(b) any forecast as to the result of the referendum which is (or might reasonably be taken to be) based on information so given.

(2) If a person acts in contravention of this sub–paragraph (1) the person is guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale.

(3) In relation to an offence committed after the commencement of section 281(5) of the Criminal Justice Act 2003, the reference in sub-paragraph (2) to 6 months is to be read as a reference to 51 weeks.

(4) In this paragraph —

“forecast” includes estimate;

“publish” means make available to the public at large (or any section of the public), in whatever form and by whatever means; and the reference to a forecast as to the result of the referendum includes a reference to a forecast as the number or proportion of votes expected to be cast for each answer to the referendum question in any voting area or any other area.

Broadcasting from outside the United Kingdom

8

(1) No person may, with intent to influence persons to give or refrain from giving their votes in the referendum, include, or aid, abet, counsel or procure the inclusion of, any matter relating to the referendum in any programme service (within the meaning of the Broadcasting Act 1990[^f00050]) provided from a place outside the United Kingdom otherwise than in pursuance of arrangements made with —

(a) the British Broadcasting Corporation;

(b) Sianel Pedwar Cymru; or

for the reception and re-transmission of that matter by that body or the holder of that licence.

(2) An offence under this paragraph is an illegal practice, but the court before which a person is convicted of an offence under this paragraph may, if they think it just in the special circumstances of the case, mitigate or entirely remit any incapacity imposed by virtue of paragraph 25.

(3) Where any act or omission of an association or body of persons, corporate or unincorporate, is an illegal practice under this paragraph, any person who at the time of the act or omission was a director, general manager, secretary or other similar officer of the association or body, or was purporting to act in any such capacity, is to be deemed guilty of the illegal practice, unless that person proves —

(a) that the act or omission took place without that person’s consent or connivance; and

(b) that the person exercised all such diligence to prevent the commission of the illegal practice as the person ought to have exercised having regard to the nature of that person’s functions in that capacity and to all the circumstances.

Imitation poll cards

9

No person may for the purpose of promoting or procuring a particular result in the referendum issue any poll card or document so closely resembling an official poll card as to be calculated to deceive, and sub-paragraphs (2) and (3) of paragraph 8 apply as if an offence under this paragraph were an offence under that paragraph.

Disturbances at meetings

10

(1) A person who at a lawful public meeting to which this paragraph applies acts, or incites others to act, in a disorderly manner for the purpose of preventing the transaction of the business for which the meeting was called together is guilty of an illegal practice.

(2) This paragraph applies to a meeting held in Wales by a permitted participant during the referendum period in connection with the referendum.

(3) If a constable reasonably suspects any person (P) of committing an offence under sub- paragraph (1), the constable may, if requested so to do by the chairman of the meeting, require P to declare immediately to the constable P’s name and address and, if P refuses or fails so to declare P’s name and address or gives a false name and address, P is liable on summary conviction to a fine not exceeding level 1 on the standard scale.

Officials not to act for permitted participants

11

(1) If —

(a) the Chief Counting Officer, a Deputy Chief Counting Officer, or any counting officer;

(b) any officer, deputy or clerk appointed by a counting officer; or

(c) any officer of a county or county borough council whose services have been placed at the disposal of a counting officer under section 128 of the 2000 Act,

acts as a referendum agent for a permitted participant, that person is guilty of an offence.

(2) A person guilty of an offence under this paragraph is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Illegal canvassing by police officers

12

(1) No member of a police force may by word, message, writing or in any other manner, endeavour to persuade any person to give, or dissuade any person from giving, that person’s vote, whether as an elector or as proxy in the referendum, in a voting area wholly or partly within the police area.

(2) A person acting in contravention of sub-paragraph (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale; but nothing in that sub-paragraph subjects a member of a police force to any penalty for anything done in the discharge of that member’s duty as a member of the force.

Payments for exhibition of referendum notices

13

(1) No payment or contract for payment may, for the purpose of promoting or procuring a particular result in the referendum, be made to a voter on account of the exhibition of, or the use of any house, land, building or premises for the exhibition of, any address, bill or notice, unless —

(a) it is the ordinary business of the voter as an advertising agent to exhibit for payment bills and advertisements; and

(b) the payment or contract is made in the ordinary course of that business.

(2) If any payment or contract for payment is knowingly made in contravention of this paragraph, whether before, during or after the referendum —

(a) the person making the payment or contract; and

(b) if such other person knew it to be in contravention of this Order, any person receiving the payment or being a party to the contract,

is guilty of an illegal practice.

Prohibition of paid canvassers

14

If a person is, whether before, during or after the referendum, engaged or employed for payment or promise of payment as a canvasser for the purpose of promoting or procuring a particular result in the referendum —

(a) the person so engaging or employing the canvasser; and

(b) the canvasser,

is guilty of illegal employment.

Providing money for illegal purposes

15

If a person knowingly provides money —

(a) for any payment which is contrary to the provisions of this Schedule; or

(b) for replacing any money expended in any such payment,

except where the payment may have been previously allowed in pursuance of paragraph 21 to be an exception, that person is guilty of an illegal payment.

Bribery

16

(1) A person is guilty of a corrupt practice if the person is guilty of bribery.

(2) A person (P) is guilty of bribery in the referendum if P, directly or indirectly, personally or by any other person on P’s behalf —

(a) gives any money or procures any office —

(i) to or for any voter;

(ii) to or for any other person on behalf of any voter; or

(iii) to or for any other person,

in order to induce any voter to vote or refrain from voting,

(b) corruptly does any such act as mentioned above on account of any voter having voted or refrained from voting, or

(c) makes any such gift or procurement as mentioned above to or for any person in order to induce that person to procure, or endeavour to procure a particular result in the referendum or the vote of any voter,

or if upon or in consequence of any such gift or procurement as mentioned above P procures or engages, promises or endeavours to procure a particular result in the referendum or the vote of any voter.

(3) For the purposes of paragraph (2) —

(a) references to giving money include references to giving, lending, agreeing to give or lend, offering, promising, or promising to procure or endeavour to procure any money or valuable consideration; and

(b) references to procuring any office include references to giving, procuring, agreeing to give or procure, offering, promising, or promising to procure or to endeavour to procure any office, place or employment.

(4) A person is guilty of bribery if that person —

(a) advances or pays or causes to be paid any money to or for the use of any other person with the intent that that money or any part of it is to be expended in bribery in the referendum, or

(b) knowingly pays or causes to be paid any money to any other person in discharge or repayment of any money wholly or in part expended in bribery in the referendum.

(5) The foregoing provisions of this paragraph do not apply and are not to be construed to apply to any money paid or agreed to be paid for or on account of any legal expenses incurred in good faith in or concerning the referendum.

(6) A voter (V) is guilty of bribery if, before or during the referendum, directly or indirectly, personally or by any other person on V’s behalf receives, agrees, or contracts for any money, gift, loan or valuable consideration, office, place or employment for V or for any other person for voting or agreeing to vote or for refraining or agreeing to refrain from voting.

(7) A person (P) is guilty of bribery if after the referendum P, directly or indirectly, personally or by any other person on P’s behalf, receives any money or valuable consideration on account of any person having voted or refrained from voting or having induced any other person to vote or refrain from voting.

(8) In this paragraph the expression “voter” includes any person who has or claims to have a right to vote.

Treating

17

(1) A person is guilty of a corrupt practice if the person is guilty of treating.

(2) A person is guilty of treating, if that person corruptly, personally or by any other person, whether before, during or after the referendum, directly or indirectly gives or provides, or pays wholly or in part the expense of giving or providing, any meat, drink, entertainment or provision to or for any person —

(a) for the purpose of corruptly influencing that person or any other person to vote or refrain from voting; or

(b) on account of that person or any other person having voted or refrained from voting, or being about to vote or refrain from voting.

(3) Every elector or proxy of that elector who corruptly accepts or takes any such meat, drink, entertainment or provision is also guilty of treating.

Undue influence

18

(1) A person is guilty of a corrupt practice if the person is guilty of undue influence.

(2) A person (P) is guilty of undue influence —

(a) if P, directly or indirectly, personally or by any other person on P’s behalf, makes use of or threatens to make use of any force, violence or restraint, or inflicts or threatens to inflict, personally or by any other person, any temporal or spiritual injury, damage, harm or loss upon or against any person in order to induce or compel that person to vote or refrain from voting, or on account of that person having voted or refrained from voting; or

(b) if, by abduction, duress or any fraudulent device or contrivance, P impedes or prevents, or intends to impede or prevent, the free exercise of the franchise of an elector or the proxy for an elector or so compels, induces or prevails upon, or intends so to compel, induce or prevail upon, an elector or the proxy for an elector either to vote or to refrain from voting.

Interference with notices etc.

19

If any person without lawful authority destroys, mutilates, defaces or removes any notice published by a registration officer in connection with the registration officer’s duties under this Order or any copies of a document which have been made available for inspection in pursuance of those duties, that person is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Offences in contravention of Schedule 1 paragraphs 20 and 21 (Supply of free copy of register etc.)

20

(1) A person is guilty of an offence—

(a) if that person contravenes any of the provisions specified in paragraph (2); or

(b) if that person is an appropriate supervisor of another person (P) who fails to comply with any of those provisions and that person failed to take appropriate steps.

(2) Those provisions are paragraphs 20(6) and 21(3) and (15) of Schedule 1 and regulation 92(9) of the 2001 Regulations as applied by paragraph 21(10) of that Schedule.

(3) P is not guilty of an offence under paragraph (1) if—

(a) P has an appropriate supervisor; and

(b) P has complied with all the requirements imposed on P by that appropriate supervisor.

(4) A person who is not P or an appropriate supervisor is not guilty of an offence under paragraph (1) if that person takes all reasonable steps to ensure that he or she complies with the provisions specified in paragraph (2).

(5) In paragraphs (1)(b) and (3)—

(a) an appropriate supervisor is a person who is a director of a company or concerned in the management of an organisation in which P is employed or under whose direction or control P is;

(b) appropriate steps are such steps as it was reasonable for the appropriate supervisor to take to secure the operation of procedures designed to prevent, so far as reasonably practicable, the occurrence of a failure to comply with the provisions in paragraph (2).

(6) A person guilty of an offence as mentioned in paragraph (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Application for relief

21

(1) An application for relief under this paragraph may be made to the High Court.

(2) Where a person makes an application under this paragraph that person must notify the Director of Public Prosecutions of the application and the Director or the Director’s assistant or representative may attend the hearing of the application and make representations at the hearing in respect of it.

(3) If it is shown to the court by such evidence as to the court seems sufficient —

(a) that any act or omission of any person would, apart from this paragraph, by reason of being in contravention of this Schedule be an illegal practice, payment or employment;

(b) that the act or omission arose from inadvertence or from accidental miscalculation or from some other reasonable cause of a like nature, and in any case did not arise from any want of good faith; and

and under the circumstances it seems to the court to be just that either that or any other person should not be subject to any of the consequences under this Schedule of the act or omission, the court may make an order allowing the act or omission to be an exception from the provisions of this Schedule making it an illegal practice, payment or employment and upon the making of the order no person is to be subject to any of the consequences under this Schedule of that act or omission.

Prosecutions for corrupt practices

22

(1) A person who is guilty of a corrupt practice is liable —

(a) on conviction on indictment —

(i) in the case of a corrupt practice under paragraph 1(11) (offences relating to applications for postal and proxy votes) or 2 (personation) to imprisonment for a term not exceeding two years, or to a fine, or to both;

(ii) in any other case, to imprisonment for a term not exceeding one year, or to a fine, or to both; or

(b) on summary conviction, to imprisonment for a term not exceeding 6 months, or to a fine not exceeding the statutory maximum or to both.

(2) In relation to an offence committed after commencement of section 281(5) of the Criminal Justice Act 2003, the reference in paragraph (1)(b) to 6 months is to be read as a reference to 51 weeks.

Prosecutions for illegal practice

23

A person guilty of an illegal practice is on summary conviction liable to a fine not exceeding level 5 on the standard scale; and on a prosecution for an illegal practice it is sufficient to allege that the person charged was guilty of an illegal practice.

Conviction of illegal practice on charge of corrupt practice etc.

24

A person charged with a corrupt practice may, if the circumstances warrant such finding, be found guilty of an illegal practice (which offence is for that purpose to be an indictable offence), and a person charged with an illegal practice may be found guilty of that offence notwithstanding that the act constituting the offence amounted to a corrupt practice.

Incapacities on conviction of corrupt or illegal practice

25

(1) A person to whom this paragraph applies is, during the relevant period specified in sub-paragraph (3), incapable of being registered as an elector or voting at any —

(a) Assembly election;

(b) election to the House of Commons;

(d) election to the Scottish Parliament;

(e) election to the Northern Ireland Assembly;

(f) local government election; or

(g) referendum to which Part 7 of the 2000 Act or Part 2 of the Local Government Act 2000[^f00051] applies.

(2) This paragraph applies only to a person convicted of a corrupt practice under paragraph 1(11) or paragraph 2 of this Schedule or of an illegal practice under paragraph 3 of this Schedule.

(3) For the purposes of sub-paragraph (1) the relevant period is the period beginning with the date of conviction and ending —

(a) in the case of a person convicted of a corrupt practice, five years after that date; or

(b) in the case of a person convicted of an illegal practice, three years after that date,

except that if (at any time within that period of five or, as the case may be, three years) a court determines on an appeal by that person against the conviction that it should not be upheld, the relevant period is to end at that time instead.

(4) Any incapacities applying to a person by virtue of the preceding provisions of this paragraph applies in addition to any punishment imposed under paragraph 22 or 23.

Prosecutions for illegal payments etc.

26

(1) A person guilty of an offence of illegal employment under paragraph 14 or illegal payment under paragraph 15 is, on summary conviction, liable to a fine not exceeding level 5 on the standard scale; and on a prosecution for such an offence it is sufficient to allege that the person charged was guilty of an illegal employment or payment as the case may be.

(2) Any person charged with an offence of illegal employment or payment may be found guilty of that offence, notwithstanding that the act constituting the offence amounted to a corrupt or illegal practice.

Time limit for prosecutions

27

(1) A proceeding against a person in respect of any offence under any provision contained in this Schedule is to be commenced within one year after the offence was committed, and the time so limited by this paragraph is, in the case of any proceedings under the Magistrates’ Courts Act 1980[^f00052] for any such offence, to be substituted for any limitation of time contained in that Act.

(2) For the purposes of this paragraph the laying of an information is deemed to be the commencement of a proceeding.

(3) A magistrates’ court may act under sub-paragraph (4) if it is satisfied on an application by a constable or Crown Prosecutor —

(a) that there are exceptional circumstances which justify the granting of the application; and

(b) that there has been no undue delay in the investigation of the offence to which the application relates.

(4) The magistrates’ court may extend the time within which the proceedings must be commenced in pursuance of sub-paragraph (1) to not more than 24 months after the offence was committed.

(5) If the magistrates’ court acts under sub-paragraph (4), it may also make an order under sub-paragraph (6) if it is satisfied, on an application by a constable or Crown Prosecutor that documents retained by the relevant registration officer in pursuance of rule 44 of the Referendum Rules may provide evidence relating to the offence.

(6) An order under this sub-paragraph is an order —

(a) directing the relevant registration officer not to cause the documents to be destroyed at the expiry of the period of one year mentioned in rule 44 of the Referendum Rules; and

(b) extending the period for which the relevant registration officer is required to retain them under that rule by such further period not exceeding 12 months as is specified in the order.

(7) The making of an Order under sub-paragraph (6) does not affect any other power to require the retention of the documents.

(8) An application under this paragraph must be made not more than one year after the offence was committed.

(9) Any party to —

(a) an application under sub-paragraph (3); or

(b) an application under sub-paragraph (5),

who is aggrieved by the refusal of the magistrates’ court to act under sub-paragraph (4) or to make an order under sub–paragraph (6) (as the case may be) may appeal to the Crown Court.

Referendum offence punishable summarily

28

A prosecution for any offence punishable summarily under this Schedule—

(a) may be instituted before any magistrates’ court in the voting area in which the offence is alleged to have been committed; and

(b) the offence is to be deemed for all purposes to have been committed within the jurisdiction of that court.

Prosecution of offences committed outside the United Kingdom

29

Proceedings in respect of an offence under this Schedule alleged to have been committed outside the United Kingdom by a Commonwealth citizen or citizen of the Republic of Ireland or a relevant citizen of the Union may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the United Kingdom.

Offences by associations

30

Where any corrupt or illegal practice or any illegal payment or employment is committed by any association or body of persons, corporate or unincorporate, the members of the association or body who have taken part in the commission of the offence are liable to any fine or punishment imposed for that offence by this Schedule.

Evidence by certificate of electoral registration

31

The certificate of a registration officer that any person is or is not, or was or was not at any particular time, duly registered in the registration officer’s register in respect of any address is sufficient evidence of the facts stated in it; and a document purporting to be such a certificate is to be received in evidence and presumed to be such a certificate unless the contrary is proved.

Director of Public Prosecutions

32

Where information is given to the Director of Public Prosecutions that any offence under this Schedule has been committed, it is the duty of the Director to make such inquiries and institute such prosecutions as the circumstances of the case appear to the Director to require.

Rights of creditors

33

Any provision in this Schedule prohibiting payments and contracts for payments does not affect the right of any creditor who, when the payment or contract was made, was ignorant of that payment or contract being in contravention of this Schedule.

Saving

34

Nothing in this Schedule makes it illegal for an employer (“A”) to permit voters in the referendum to absent themselves from A’s employment for a reasonable time for the purposes of voting at the poll in the referendum without having any deduction from their salaries or wages on account of their absence, if the permission —

(a) is (so far as practicable without injury to A’s business) given equally to all persons alike who are at the time in A’s employment;

(b) is not given with a view to inducing any person to give that person’s vote for a particular answer in the referendum; and

(c) is not refused to any person for the purpose of preventing that person from giving his or her vote for a particular answer in the referendum.

Service of notices

35

(1) Any notice, legal process or other document required to be served on any person with reference to any proceeding respecting the referendum for the purpose of causing that person to appear before the High Court, or a county court or otherwise or of giving that person an opportunity of making a statement, or showing cause, or being heard in person before any court for any purpose of this Schedule may be served—

(a) by delivering it to that person, or by leaving it at, or sending it by post by a registered letter or by the recorded delivery service to that person’s last known place of abode; or

(b) if the proceeding is before any court in such other manner as the court may direct.

(2) In proving service by post under this paragraph it is sufficient to prove that the letter was prepaid, properly addressed, and registered or recorded with the postal operator (within the meaning of the Postal Services Act 2000) concerned.

Interpretation of this Schedule

36

In this Schedule, unless the context otherwise requires—

“legal process” means a claim form, application notice, writ, summons or other process;

“money” and “pecuniary reward” are deemed to include— any office, place or employment; any valuable security or other equivalent of money; and any valuable consideration, and expressions referring to money are to be construed accordingly; and

“payment” includes any pecuniary or other reward.

SCHEDULE 5 — APPLICATION AND MODIFICATIONS OF ENACTMENTS[^f00053] RELATING TO ELECTIONS

General

1

The provisions set out in column (1) of the Table below have effect in relation to the referendum with the modifications[^f00054] (if any) shown against those provisions in column (2) of that Table and any other necessary modifications.

(1) Provision	(2) Modification
The 2000 Act
Section 10[^f00055] (Giving of advice and assistance by the Commission)	In subsection (3)(a) for sub-paragraph (ii) substitute ii counting officers for the referendum held under the National Assembly for Wales Referendum (Assembly Act Provisions) (Referendum Question, Date of Referendum Etc.) Order 2010. .
Schedule 12 (assistance available to designated organisations), paragraph 1 (right to send referendum address post free)	Omit sub-paragraph (3) and after paragraph 1 insert – 1A Paragraphs (1B) to (1E ) apply where any postal services are provided without charge by a universal service provider under paragraph 1 in relation to the referendum held under the National Assembly for Wales Referendum (Assembly Act Provisions) (Referendum Question, Date of Referendum Etc.) Order 2010. 1B The universal service provider is entitled to be remunerated for having provided services at the rate determined by or in accordance with a scheme under section 89 of the Postal Services Act 2000. 1C The amount of such remuneration due to the universal service provider must be paid by the Welsh Ministers. 1D The sums payable by the Welsh Ministers under paragraph (1C) are to be charged on the Welsh Consolidated Fund. 1E In paragraph (1A), “postal services” has the same meaning as in the Postal Services Act 2000. .
Electoral Administration Act 2006
Section 69 (encouraging electoral participation), sub-sections (1), (2) and (4) to (8).	For subsection (1) substitute — 1 A local electoral officer must take such steps as he thinks appropriate to encourage participation by electors in the area for which he acts in the referendum (in this section referred to as “the referendum”) held under the National Assembly for Wales Referendum (Assembly Act Provisions) (Referendum Question, Date of Referendum Etc.) Order 2010 . In subsection (8) for paragraph (b) substitute— b a counting officer for the referendum .
The 2001 Regulations
Regulation 116 (Interpretation of Part 7)	In paragraph (1), for “ regulation 91 above and rule 55(1)(e) of the elections rules”, substitute “paragraph 27 of Schedule 2 to the 2010 Order and by virtue of rule 42(2)(f) of the Referendum Rules”. After paragraph (1), insert— 1A In this Part references to “the 2010 Order” mean the National Assembly for Wales Referendum (Assembly Act Provisions) (Referendum Question, Date of Referendum Etc.) Order 2010; “the referendum” means the referendum in Wales held under the 2010 Order; “the Referendum Rules” mean the rules in Schedule 3 to the 2010 Order ; and “the relevant registration officer” are to the relevant registration officer within the meaning of rule 42(3) of the Referendum Rules.”. In paragraph (2) for “regulation 56” substitute “rule 2 of the Referendum Rules”. In paragraph (4) for “section 52(1) of the 1983 Act”, substitute “paragraph 17(1) of Schedule 1 to the 2010 Order”.
Regulation 117 (supply of marked registers and lists after an election)	For paragraph (1) substitute — 1 Any person entitled to be supplied in accordance with regulations 100, 106, 109 or 113 with copies of the full register is also a person entitled, subject to this regulation and regulation 119, to request that a relevant registration officer supply copies of the relevant part (within the meaning of those regulations) of the marked register or lists he is required to keep. . After paragraph (1), insert 1A The reference in paragraph (1) to a person entitled to be supplied in accordance with regulation 106 with copies of the full register does not include a person mentioned in regulation 106(1)(b) . In paragraph (2)— a for “regulation 103, 105, 106 or 108 before a particular election” substitute “regulation 106(1)(a) or (c) before the referendum”; and b for “that election for which the marked register or list was prepared”, substitute “the referendum”. In paragraph (5), for “regulation 61” substitute “paragraph 21 of Schedule 1 to the 2010 Order”. In paragraph (6)(b), for “regulations 100, 103, 105, 106,108, 109 or 113” substitute “regulations 100, 106, 109 and 113”. In paragraph (7), for “regulations 100(3), 103(3), 106(3), 108(5) and 109(3)” substitute “regulations 100(3), 106(8) and 109(3)”.
Regulation 118 (inspection of documents open to public inspection)	In paragraph (1)(b)— for “an election” substitute “the referendum”; and in paragraph (iii), for “ the election” substitute “the referendum”.
Regulation 119 (conditions on the use, supply and disclosure of documents open to public inspection)	In paragraph (2), omit “either” and after sub-paragraph (ii) insert “, or (iii) any purpose in connection with the referendum”.
Regulation 120 (calculating the fee for supply of marked registers or lists)
The Encouraging Electoral Participation (Reimbursement of Expenses ) (England and Wales) Regulations 2006[^f00056]
	These Regulations apply as if the reference in regulation 2 to section 69(4) of the Electoral Administration Act 2006 included a reference to that sub-section as modified by this Schedule.

SCHEDULE 6 — APPENDIX OF FORMS

Note : Subject to article 28(2), the forms contained in this appendix may be adapted in accordance with article 28(1).

Form A	Form of Proxy paper	86
Form B	Form of Postal voting statement	89
Form C	Statement as to postal ballot papers	93
Form D	Form of ballot paper	98
Form E	Form of corresponding number list	102
Form F	Elector’s form of poll card	103
Form G	Proxy’s form of poll card	106
Form H	Postal voter’s form of poll card	109
Form I	Postal proxy voter’s form of poll card	112
Form J	Form of corresponding number list for use by presiding officers	116
Form K	Form of direction for the guidance of voters in voting	117
Form L	Form of certificate of employment	118
Form M	Form of declaration to be made by the companion of a voter with disabilities	119
Form N	Form of certificate by Counting Officer under section 128(5) of the Political Parties, Elections and Referendums Act 2000	120
Form O	Form of certificate by Chief Counting Officer under section 128(6) of the Political Parties, Elections and Referendums Act 2000	121

Form A: Form of proxy paper

Paragraph 5(9) of Schedule 1

Form B: Form of postal voting statement

Paragraph 1(2) of Schedule 2 and Rule 12 (1)(b) of Schedule 3

Form C: Statement as to postal ballot papers

Paragraph 27(1)(b) of Schedule 2

Form D: Form of ballot paper

Rule 6(2) of Schedule 3

Form E: Form of corresponding number list

Rule 7(2) of Schedule 3

Form F: Elector’s form of poll card

Rule 15(5) of Schedule 3

Form G: Proxy’s form of poll card

Rule 15(6) of Schedule 3

Form H: Postal voter’s form of poll card

Rule 15(7) of Schedule 3

Form I: Postal proxy voter’s form of poll card

Rule 15(8) of Schedule 3

Form J: Form of corresponding number list for use by presiding officers in polling stations

Rule 16(3)(d) of Schedule 3

Form K: Form of directions for the guidance of voters in voting

Rule 16(14) of Schedule 3

Form L: Form of certificate of employment

Rule 20(6) of Schedule 3

Form M: Form of declaration to be made by the companion of a voter with disabilities

Rule 27(6)(a) of Schedule 3

Form N: Form of certificate by Counting Officer under section 128(5) of the Political Parties, Elections and Referendums Act 2000

Rule 39(1)(a) of Schedule 3

Form O: Form of certificate by Chief Counting Officer under section 128(6) of the Political Parties, Elections and Referendums Act 2000

Rule 40(1) of Schedule 3

Signed

Judith Simpson — Clerk to the Privy Council

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

Section 103 of and Schedule 6 to the Government of Wales Act 2006 (c.32) (“the 2006 Act”) empowers Her Majesty, by Order in Council, to provide for the holding of a referendum throughout Wales about whether the Assembly Act provisions in the 2006 Act should come into force. The Assembly Act provisions are sections 107, 108 and 110 -115 of the 2006 Act. Those sections will be brought into force, by Order made by the Welsh Ministers, if a majority of voters in the referendum vote “yes” to the referendum question. The Assembly Act provisions provide for the legislative competence of the National Assembly for Wales to be defined by reference to Schedule 7 of the 2006 Act (rather than by Schedule 5 as currently) and for the Assembly to make laws, that can make any provision that an Act of Parliament can make provided they are within that competence. These laws will be known as Acts of the National Assembly for Wales (or Assembly Acts).

If the majority of voters in the referendum vote “no” to the referendum question, then there will be no change to the current arrangements, which are that the National Assembly for Wales has legislative competence to pass Measures in relation to the matters listed in Schedule 5 to the 2006 Act.

In addition to section 103 of and Schedule 6 to the 2006 Act, Part 7 of the Political Parties, Elections and Referendums Act 2000 (c.41) (“the 2000 Act”) also makes provision for the conduct of referendums within the UK including any held just in Wales. Part 7 of the 2000 Act applies to a referendum under section 103 of the 2006 Act. In particular, section 128 of the 2000 Act provides that there shall be a Chief Counting Officer for the referendum who appoints counting officers to conduct such a referendum in the voting areas in Wales. Voting areas are the county and county boroughs in Wales. The franchise for the referendum is that for Assembly elections, i.e. those registered to vote in local government elections. Paragraph 2 of Schedule 6 to the 2006 Act provides that an Order in Council under section 103(1) can make provision for and in connection with the referendum and this includes applying or incorporating with or without modifications any enactment relating to referendums, elections or donations. “Enactment” is defined in section 158(1) of the 2006 Act and includes subordinate legislation. Schedule 6 also sets out what must be included in an Order in Council made under section 103 of the 2006 Act.

This Order in Council made under section 103 and Schedule 6 provides for the holding of a referendum throughout Wales about whether the Assembly Act provisions should come into force and prescribes the procedure to be followed for the conduct of that referendum.

The provisions of the Order are largely based on existing electoral law precedents (e.g. the corresponding provisions applicable in Assembly general elections as set out in the National Assembly for Wales (Representation of the People Order) 2007 (S.I. 2007/236) ).

Article 3 provides for the holding of the referendum and that the poll at the referendum must take place on 3rd March 2011.

Article 4 prescribes the question and the statement that are to appear on the ballot paper in the referendum. The form of the ballot paper is prescribed in Schedule 6 to the Order in Council (Form D). Before a draft of this Order in Council was laid before Parliament and the National Assembly for Wales, the Secretary of State for Wales consulted the Electoral Commission on the wording of the question and statement as required by section 104(4)(a) of the 2000 Act and, as required by section 104(4)(b), has laid with the draft Order in Council, a report setting out the Electoral Commission’s views on the intelligibility of the question and the statement. A copy of that report has also been sent to the First Minister of Wales, as required by paragraph 3(3) of Schedule 6 to the 2006 Act, so that he may lay it before the Assembly in accordance with paragraph 3(4) of that Schedule.

Article 5 makes provision about the referendum period. This period starts on the day that the Order in Council comes into force (i.e. 16th December 2010) and ends with the date of the poll at the referendum (3rd March 2011). This period engages provisions in Part 7 of the 2000 Act. In particular, persons intending to incur expenditure over £10,000 during the referendum period must notify the Electoral Commission who will register them as permitted participants (see section 105 of the 2000 Act). The Electoral Commission has the function of designating one permitted participant as an organisation to lead the “Yes” campaign and one to lead the “No” campaign in the referendum and make available assistance, including grants, to such organisations (see sections 108 - 110 of the 2000 Act).

Normally, those who wish to apply to the Electoral Commission to be the designated organisations must apply within 28 days of the start of the referendum period. However, for the purpose of this referendum that period is extended to 35 days to take into account the seasonal holidays (see article 3 of the National Assembly for Wales Referendum (Assembly Act Provisions) (Limit on Referendum Expenses Etc.) Order 2010). Following that period the Electoral Commission must consider the applications and decide whether to designate organisations within 14 days. Paragraph 8 of Schedule 6 to the 2006 Act applies in the event that the Electoral Commission has not, at the end of that 14 day period, designated any organisations to lead the “Yes” and “No” campaigns. In that case the Electoral Commission may provide information to those entitled to vote in the referendum about the arguments for each answer to the referendum question (see paragraph 8(2) of Schedule 6 to the 2006 Act). This is a complementary power to that conferred by Article 16 which gives the Electoral Commission the power to promote public awareness throughout the referendum campaign, not just after the conclusion at the designated period.

Article 6 provides that the polling districts and places to be used in the referendum are those that would be used at an election to county and county borough councils in Wales.

Article 7 and Schedules 1 and 2 make provision as to:

the manner of voting (including for absent voters, voting by post and by proxy) in the referendum;

the register of electors; and

the issue and receipt of postal ballot papers.

Article 8 and Schedule 3 set out the rules for the conduct of the referendum (the Referendum Rules). Generally, the Referendum Rules are based on those that would apply if an Assembly general election were held on the day of the poll but with appropriate modifications to reflect that this is a referendum on a proposal and not an election with candidates.

Articles 9 to 11 make provision in respect of the Chief Counting Officer and counting officers that is in addition to that in section 128 of the 2000 Act. In particular these articles provide for:

the Chief Counting Officer to appoint one or more Deputy Chief Counting Officers to assist the Chief Counting Officer;

the appointment by counting officers of persons to assist them;

the issuing of directions by the Chief Counting Officer to counting officers as to the exercise of their functions.

Article 12 empowers counting officers (including the Chief Counting Officer and any Deputy Counting Officer) to correct procedural errors made by them and certain other officers and persons assisting them in the referendum.

Articles 13 to 15 make provision for the funding of counting officers and scrutiny of their expenditure. In particular:

article 13(1) empowers the Welsh Ministers to determine by order the maximum amount that counting officers can recover for their fees and charges in the referendum;

article 13(3) empowers the Welsh Ministers to authorise payment above such maximum in specified circumstances;

article 13(7) requires the Welsh Ministers to pay counting officers on the submission of an account;

article 13(10) empowers the Welsh Ministers to make regulations as to these accounts by counting officers;

article 13(11) provides that payments by the Welsh Ministers under article 13 are a charge on the Welsh Consolidated Fund;

article 14 provides for application to the county court for a counting officer’s account to be taxed by the court;

article 15 empowers Her Majesty’s Treasury to direct the Welsh Ministers to prepare accounts in respect of their expenditure in relation to the referendum.

Article 16 empowers the Electoral Commission to take such steps as they think appropriate to promote public awareness in Wales about:

the referendum;

the subject matter of the referendum; and

how to vote in the referendum.

Article 17 provides for the Electoral Commission to be supplied by electoral registration officers with free copies of the full register of electors to be used in relation to the referendum.

Article 18 provides for a permitted participant in the referendum to appoint a referendum agent for a voting area to act on behalf of that permitted participant. A referendum agent can appoint polling agents to attend polling stations and counting agents to attend the count (see rule 17 of the Referendum Rules).

Articles 19 to 22 provide respectively for:

translation of certain documents to be used in the referendum;

issuing of public notices;

sending applications and using electronic signatures;

publication of documents and taking copies.

Articles 23 and 24 provide for matters relating to advertisements and non-domestic rating which correspond to provision applying in relation to elections.

Article 25 provides for equipment such as ballot boxes and compartments used at Parliamentary and local government elections to be lent to counting officers for use in the referendum.

Article 26 and Schedule 4 make provision for offences in connection with the referendum. Generally, these correspond to offences that apply to elections.

Article 27 and Schedule 5 provide for the application to the referendum of some enactments relating to elections and referendum, with modifications. Schedule 5 makes provision for a charge to be made on the Welsh Consolidated Fund. This is for the charges payable to universal service provider for the distribution of a leaflet from each lead organisation of the yes and no campaigns (the designated organisations), which the designated organisations are entitled to.

Article 28 and Schedule 6 make provision for the forms to be used in the referendum. Apart from the ballot paper (Form D) these forms can be adapted as circumstances may require. This includes adaptation by electoral registration and counting officers to use any electronic templates of forms provided for their use by the Electoral Commission. This would also include varying the format of forms that are set out in English and in Welsh in Schedule 6.

This Order should be read in conjunction with the National Assembly for Wales Referendum (Assembly Act Provisions) (Limit on Referendum Expenses) 2010, which sets outs the limit on referendum expenses that can be incurred by different categories of permitted participants.

Footnotes

[^f00001]: 2006 c.32.

[^f00002]: 2000 c.41.

[^f00003]: For the meaning of “modifications”, seesection 158(1) of the Government of Wales Act 2006.

[^f00004]: For the meaning of “enactments”, seethe said section 158(1).

[^f00005]: 1983 c.2.

[^f00006]: S.I.2001/341, as amended by SIs 2001/1700, 2002/1871, 2004/294 and 1848, 2005/2114, 2006/752 and 2910, 2007/1025 and 1368, 2008/1901and 3296, 2009/725 and 2010/882.

[^f00007]: S.I. 2007/236 to which there are amendments not relevant to this Order.

[^f00008]: Section 9B of the Representation of the People Act 1983 was inserted by section 10(1) of the Electoral Administration Act 2006 (c.22). There is an amendment to it not relevant to this Order.

[^f00009]: Paragraph 8A of Schedule 2 to the Representation of the People Act 1983 was inserted by paragraph 15(1) and (6) of Schedule 1 to the Electoral Administration Act 2006; and seeS.I. 2006/2910 made thereunder.

[^f00010]: Seesection 128(2) of the Political Parties, Elections and Referendums Act 2000.

[^f00011]: Seeparagraph 1 of Schedule 6 to the Government of Wales Act 2006, as read with section 12 of that Act, for the persons entitled to vote in the referendum.

[^f00012]: As to electoral numbers, seesection 9 of the Representation of the People Act 1983 as substituted by paragraph 3 of Schedule 1 to the Representation of the People Act 2000 (c.2) and as amended by Schedule 1 paragraph 4 and Schedule 2 to the Electoral Administration Act 2006.

[^f00013]: 1971 c.77. There are amendments to section 8 that are not relevant to this Order.

[^f00014]: Section 15 was amended by S.I.1995/1948, Schedule 2 paragraph 4; the Representation of the People Act 2000, Schedule 1 paragraphs 1 and 8 and by the Electoral Administration Act 2006, sections 12(7) and 13(1).

[^f00015]: 2000 c. 26. Seesection 4(3) and (4) of that Act.

[^f00016]: For the meaning of “the Assembly Act provisions”, see section 103(8) of the Government of Wales Act 2006.

[^f00017]: For the meaning of “local government election” in relation to Wales seesection 203(1) of the Representation of the People Act 1983 to which there are amendments not relevant to this Order. See section 31(1A) and (3) of that Act as to polling districts and polling places for such elections; sub-section (1A) was inserted by the Local Government (Wales) Act 1994 (c.19) Schedule 16 paragraph 68(6).

[^f00018]: Section 128(2) of the Political Parties, Elections and Referendums Act 2000 makes provision in connection with the appointment of the Chief Counting Officer.

[^f00019]: 1946 c.36.

[^f00020]: 1972 c.70, seesection 270(1). The definition of “local authority” was amended by the Local Government Act 1985 (c.51), Schedule 17 and by the Local Government (Wales) Act 1994 section 1(5).

[^f00021]: S.I. 1992/666. Seeregulation 3(2) of and Class F of Schedule 2 to which there was a relevant amendment by S.I.1994/2351.

[^f00022]: 1988 c.41.

[^f00023]: See paragraph 1 of Schedule 6 to the Government of Wales Act 2006 (c.32) as read with section 12 of that Act.

[^f00024]: Section 7 of the Representation of the People Act 1983 (c.2) was substituted by section 4 of the Representation of the People Act 2000 (c.2) and to which there are relevant amendments by section 12(1) of the Electoral Administration Act 2006 (c.22) and by S.I. 2005/2078, Schedule 1 paragraph 1(3).

[^f00025]: Section 7A was inserted by section 5 of the Representation of the People Act 2000 and to which there are relevant amendments by section 12(2) of the Electoral Administration Act 2006 and by S.I.2005/2078 Schedule 1 paragraph 1(4).

[^f00026]: SeePart 1 of the Government of Wales Act 2006 for the National Assembly for Wales and elections to it.

[^f00027]: Section 16(d) of the Representation of the People Act 1983 was amended by paragraph 9(c) of Schedule 1 to the Representation of the People Act 2000.

[^f00028]: Section 7B of the Representation of the People Act 1983 was inserted by section 6 of the Representation of the People Act 2000 and to which there is an amendment not relevant to this Order.

[^f00029]: Paragraph 4 of Schedule 1 was amended by SIs 2009/1182 and 1357 and 2010/1621.

[^f00030]: 1983 c.20. Seesection 145(1), for the meaning of “hospital” and the meaning of “the managers”. Both definitions have been amended.

[^f00031]: 1971 c.80

[^f00032]: Sections 6A-6D were Inserted into the Political Parties, Elections and Referendums Act 2000 by section 29 of the Electoral Administration Act 2006. Section 6A was amended by S.I.2007/1388, Schedule 1 paragraph 92.

[^f00033]: Section 13 (together with sections 13A and 13B)) was substituted for previous section 13 of the Representation of the People Act 1983 by the Representation of the People Act 2000, Schedule 1 paragraph 6.There have been amendments to this substituted section 13 which are not relevant to this Order.

[^f00034]: Section 4 of the Representation of the People Act 1983 was substituted by section 1(2) of the Representation of the People Act 2000 and has been amended by the Electoral Administration Act 2006, Schedule 1 paragraph 3.

[^f00035]: A relevant amendment to section 13B was made by section 11 of the Electoral Administration Act 2006.

[^f00036]: See in particular regulations 32, 36 and 36A of the Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341) as amended by S.I. 2002/1871 and S.I. 2006/2910.

[^f00037]: Regulations 93 ,94 and 96 were inserted by S.I..2002/1871.Relevant amendments have been made to regulation 96 by S.I.2006/752.

[^f00038]: 1998 c. 29.

[^f00039]: Regulation 92 was inserted by S.I.2002/1871.Paragraph (2) of that regulation has been amended by S.I.2006/752.

[^f00040]: There are amendments to section 56 that are not relevant for the purposes of this Order.

[^f00041]: Section 59(3) and (3A) to (3D) substituted for subsection (3) as originally enacted by section 13(2) of the Electoral Administration Act 2006.

[^f00042]: For the meaning of “corresponding number list” see rule 7(1) of the Referendum Rules.

[^f00043]: 1971 c.80.

[^f00044]: See article 6 for further provisions about polling districts and polling stations.

[^f00045]: Seerule 27 as to the meaning of “companion”.

[^f00046]: Seerule 13.

[^f00047]: Seeparagraph 2 of Schedule 4 for the offence of personation.

[^f00048]: 2003 c. 44.

[^f00049]: Section 24A of the Police and Criminal Evidence Act 1984 (c.60) was inserted by section 110(1) of the Serious Organised Crime and Police Act 2005 (c.15). There is an amendment to section 24A which is not relevant to this Order.

[^f00050]: 1990 c.42. See section 201 of the Broadcasting Act 1990 for the meaning of programme service. Section 201 has been amended by the Communications Act 2003 (c.21), section 360(1)(a) and (b) and (2) and Schedule 19(1).

[^f00051]: 2000 c.22.

[^f00052]: 1980 c.43.

[^f00053]: For the meaning of “enactment” see section 158(1) of the Government of Wales Act 2006.

[^f00054]: For further meaning of modification see the said section 158(1).

[^f00055]: To which there are amendments not relevant to this Order.

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