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The Neighbourhood Planning (Referendums) Regulations 2012

Type Statutory-Instrument

Publication 2012-08-02

Last updated 2026-02-05

State In force

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(e) the postal ballot paper is not one that falls to be rejected in accordance with regulation 79B, 79D, 82B or 82D of the Representation of the People (England and Wales) Regulations 2001.

(3A) A postal ballot paper or postal voting statement that reaches the counting officer or a polling station on or after the close of the poll is treated for the purposes of paragraph (3) as reaching that officer or polling station before the close of the poll if it is delivered by a person who, at the close of the poll, is in the polling station, or in a queue outside the polling station, for the purpose of returning it.

(4) The manner in which any postal ballot paper or postal voting statement may be returned—

(a) to the counting officer, is by hand or by post;

(b) to a polling station, is by hand.

(5) The counting officer must not count any tendered ballot paper.

(6) The counting officer, while counting and recording the number of ballot papers and counting the votes, must keep the ballot papers with their faces upwards and take all proper precautions for preventing any person from seeing the numbers or other unique identifying marks printed on the back of the papers.

(7) The counting officer must 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) and must draw up a statement as to the result of the verification, which any counting observer may copy.

(8) Where the referendum area comprises any part of the area of more than one relevant council, as soon as is practicable after the counting officer has drawn up the statement as to the result of the verification, the counting officer must inform the Chief Counting Officer of its content.

(9) The counting officer must so far as practicable proceed continuously with counting the votes, allowing only time for refreshment, except that the counting officer may exclude the hours between 7 in the evening and 9 on the following morning.

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

(a) place the ballot papers and other documents relating to the referendum under the counting officer's own seal; and

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

Re-count

38

(1) The counting officer may have the votes re-counted or again re-counted.

(2) Paragraphs (3) to (7) apply where the referendum area comprises any part of the area of more than one relevant council.

(3) As soon as practicable after the conclusion of the count (which includes any re-count whether or not directed under this rule), the counting officer must draw up a provisional statement showing—

(a) the number of ballot papers counted by the counting officer;

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

(4) As soon as possible after completion of the provisional statement, the counting officer must inform the Chief Counting Officer of its contents.

(5) Once the Chief Counting Officer has received the report of any counting officer on the contents of that counting officer's provisional statement prepared under paragraph (3) and under rule 39(5), the Chief Counting Officer may direct the counting officer to re-count (or further re-count) the votes.

(6) A re-count directed by the Chief Counting Officer under paragraph (5) may be of the votes in the whole referendum area, or in the areas of such of the relevant councils falling within the referendum area as the Chief Counting Officer considers reasonable.

(7) A counting officer must proceed with a re-count as soon as practicable after receipt of the Chief Counting Officer's direction, and if not proceeding forthwith must notify those counting observers entitled to be present at the re-count of the time and place at which the counting officer will begin to re-count the votes.

Rejected ballot papers

39

(1) Any ballot paper—

(a) which does not bear the official mark; or

(b) on which votes are given for more than one answer; or

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

(d) which is unmarked or void for uncertainty,

is, subject to paragraph (2), void and must not be counted.

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

(a) elsewhere than in the proper place; or

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

is not for such reason deemed to be void if an intention that the vote is for one or the other of the answers clearly appears, and the way the paper is marked does not itself identify the voter or proxy and it is not shown that the voter or proxy 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 any objection is made by a counting observer to the counting officer's decision.

(4) Subject to paragraph (5), the counting officer must draw up a statement showing the number of ballot papers rejected under the several heads of—

(a) want of official mark;

(b) voting for more than one answer;

(d) unmarked or void for uncertainty.

(5) Where the referendum area comprises any part of the area of more than one relevant council, the statement referred to in paragraph (4) above is to be a provisional statement and as soon as practicable after the completion of that statement, the counting officer must inform the Chief Counting Officer of its contents.

Decisions on ballot papers

40

The decision of the counting officer on any question arising in respect of a ballot paper is final.

Equality of votes

41

Where, after the counting of the votes (including any re-count) is completed, an equality of votes is found to exist between the answers, the result is that there is no majority in favour of the making of the plan or order.

PART 7 — Declaration of Result and Disposal of Documents

Declaration of result

42

(1) This rule applies where rule 43 does not apply.

(2) When the result of the poll has been ascertained, the counting officer must forthwith—

(a) declare the result of the referendum;

(b) inform the proper officer of the relevant council of the result of the referendum;

(i) the result of the referendum;

(ii) the number of ballot papers counted;

(iii) the total number of votes cast for each answer; and

(iv) the number of rejected ballot papers under each head shown in the statement of rejected ballot papers.

Declaration of result: cross-boundary referendum areas

43

(1) This rule applies where the referendum area comprises any part of the area of more than one relevant council.

(2) When the Chief Counting Officer is satisfied the result of the poll has been ascertained, the Chief Counting Officer must direct the counting officers to draw up a final statement of the matters referred to in rule 38(3) and to provide final versions of their statements of rejected ballot papers.

(3) The counting officer, having drawn up the final statement, must—

(a) forthwith inform the Chief Counting Officer of its contents; and

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

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

(a) make a declaration of the matters referred to in the final statement; and

(b) give public notice of those matters together with the number of rejected ballot papers under each head shown in the final statement of rejected ballot papers.

(5) The Chief Counting Officer, having received notification of the final statement from each counting officer referred to in paragraph (2) must—

(a) draw up a statement of—

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

(ii) the total number of votes cast in favour of each answer to the question asked,

in respect of the referendum;

(b) declare the result of the referendum;

(d) give public notice of—

(i) the result of the referendum;

(ii) the number of ballot papers counted;

(iii) the total number of votes cast for each answer; and

(iv) the number of rejected ballot papers under each head shown in the statement of rejected ballot papers.

Sealing up of ballot papers

44

(1) On the completion of the counting at a referendum the counting officer must seal up in separate packets the counted and rejected ballot papers.

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

(a) tendered ballot papers;

(b) the completed corresponding number lists;

(ba) the completed ballot paper refusal list;

(d) marked copies of the register of electors (including any marked copy notices issued under section 13B(3B) or (3D) of the 1983 Act) and lists of proxies.

Delivery of documents to relevant registration officer

45

The counting officer must then forward to the relevant registration officer the following documents—

(a) the packets of ballot papers in the counting officer's possession;

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

(c) the tendered votes lists, the lists of voters and proxies with disabilities assisted by companions, the lists of votes marked by the presiding officer and the related statements, the lists maintained under rule 33, and the declarations made by the companions of voters and proxies with disabilities;

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

(da) the packet containing the completed ballot paper refusal list;

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

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

endorsing on each packet a description of its contents, the date of the referendum to which it relates and the name of the relevant council.

Orders for production of documents

46

(1) An order—

(a) for the inspection or production of any rejected ballot papers in the custody of the relevant registration officer; or

(b) for the opening of a sealed packet of the completed corresponding number lists or certificates as to employment on duty on the day of the poll or for the inspection of any counted ballot papers in the relevant registration officer's custody,

may be made by a county court or the High Court, if the court is 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 section 61N(3) of the 1990 Act.

(1A) An order—

(a) for the opening of the sealed packet containing a completed ballot paper refusal list, or

(b) for the inspection or production of that list,

may be made by the High Court or the county court if satisfied by evidence on oath that the order is required for the purpose of proceedings brought as mentioned in section 61N(3) of the 1990 Act.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) An order under this rule may be made subject to such conditions as to—

(a) persons;

(b) time;

(d) production or opening,

as the court making the order may think expedient.

(4) In making and carrying into effect an order for the opening of a packet of the completed corresponding number lists or of certificates as to employment on duty on the day of the poll or for the inspection of counted ballot papers, care must be taken that the way in which the vote of any particular person has been given is not disclosed until it has been proved—

(a) that their vote was given; and

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

(5) An appeal lies to the High Court from any order of a county court under this rule.

(6) Any power given under this rule to a county court may be exercised by any judge of the court otherwise than in open court.

(7) Where an order is made for the production by the relevant registration officer of any document in the relevant registration officer's possession relating to any specified referendum—

(a) the production by the relevant registration officer or that officer's agent of the document ordered in such manner as may be directed by that order is conclusive evidence that the document relates to the specified referendum; and

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

(8) The production from proper custody of—

(a) a ballot paper purporting to have been used at any 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 person whose vote was given by that ballot paper was the person whose entry in the register of electors 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) of this paragraph.

(9) Save as by this rule provided, no person is to be allowed to 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 certificates as to employment on duty on the day of the poll.

Retention of documents

47

The relevant registration officer must retain for one year all documents relating to a referendum forwarded to that officer in pursuance of these Rules by a counting officer, and then, unless otherwise directed by an order of a county court, the Crown Court, a magistrates' court or an election court, must cause them to be destroyed.

PART 8 — Appendix of Forms

Form 10A—Ballot Paper Refusal List

Form 1 - Form of Ballot Paper: Question in referendum as specified in paragraph 1 of Schedule 1

Form 2 - Form of Ballot Paper: Question in referendum as specified in paragraph 2 of Schedule 1

Form 3 - Form of Ballot Paper: Question in referendum as specified in paragraph 3 of Schedule 1

Form 4 - Corresponding Number List L1

Form 5 - Corresponding Number List L2

Form 6: Form of Postal Voting Statement

Form 7 (official poll card to be sent to a voter voting in person)

Form 8: Official Postal Poll Card (to be sent to a voter voting by post)

Form 9 (official proxy poll card to be sent to an appointed proxy voting in person)

Form 10: Official Proxy Postal Poll Card (to be sent to an appointed proxy voting by post)

Form 11: Form of directions for the guidance of the voters and proxies in voting

Form 12: Form of Certificate of Employment

Form 13: declaration to be made by the companion of a voter or proxy with disabilities

SCHEDULE 4 — Application, with Modification, of other Acts and Subordinate Legislation

PART 1

Provision	Modification
Section 13B (alteration of registers: pending elections)[^f00029]	After “election”, in each place, substitute “or referendum”.
	After subsection (4) insert— 4A This section also applies to referendums. .
Section 31 (polling districts and stations at local government elections)[^f00030]	In subsection (1)— for “elections of county councillors” substitute “referendums by or in respect of a county”, and for “elections of London borough or district councillors” substitute “referendums by or in respect of a London borough or district”.
	In subsection (3) for “local government elections” substitute “referendums”.
Section 35(4) (appointments by returning officers)
Section 36(4) and (6) (returning officer’s expenditure at local elections)[^f00031]	In subsection (4)— for the words from “by a returning officer” to “London borough)” substitute “by a counting officer for a relevant council in relation to the holding of a referendum”; and for the words “the council for that area” substitute “that council”.
	In subsection (6) for the words from the beginning to “councillor, the council” substitute “Before a poll is taken at such a referendum as is referred to in subsection (4), the authority”.
	The first reference in subsection (6) to the council who appointed the returning officer must be construed as a reference to the council who appointed the returning officer, but other references to the returning officer must be construed as references to the counting officer.
Section 47 (loan of equipment for local elections)[^f00032]	In subsection (1) for “the returning officer at a local government election” substitute “the counting officer at a referendum”.
	In subsection (2) for “an election held under those Acts” substitute “a referendum”.
Section 49(4) to (5), and (6) (effect of registers)[^f00033]	In subsection (5) omit “prevent the rejection of the vote on a scrutiny, or”.
Section 60 (personation)	In subsection (2)— omit “parliamentary or”; and after “local government election” insert “or referendum”.
Section 61 (other voting offences)[^f00034]	In subsection (1) after “local government election” and “local government elections”, in each place, insert “or referendum” or “or referendums” respectively.
	For subsections (2) to (4) substitute— 2 A person (“V”) shall be guilty of an offence if— a V votes on V’s own behalf otherwise than by proxy more than once in the same referendum; or b V votes on V’s own behalf in person and is entitled to vote by post, or c V votes on V’s own behalf in person knowing that a person appointed to vote as V’s proxy has already voted in person or is entitled to vote by post, or d V applies for a person to be appointed as V’s proxy to vote for V without applying for the cancellation of a previous appointment of a third party then in force or without withdrawing a pending application for such an appointment. 3 A person (“P”) shall be guilty of an offence if— a P votes as proxy for the same person more than once in the same referendum; or b P votes in person as proxy for a person and is entitled to vote by post as proxy for someone whom P already knows to have voted in person. 4 A person (“R”) shall also be guilty of an offence if R votes as proxy in any referendum for more than two persons of whom R is not the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild. .
	For subsection (6A) substitute— 6A A person is not guilty of an offence under subsection (2)(b) only by reason of that person having marked a tendered ballot paper in pursuance of rule 30 of the Neighbourhood Planning Referendums Rules or rule 30 of the Neighbourhood Planning Referendums (Combination of Polls) Rules (as the case may be). .
Section 62A (offences relating to applications for postal and proxy votes)[^f00035]	In subsection (1)(a) after “election” insert “or referendum”.
Section 63 (breach of official duty)[^f00036]	In subsection (3) after “local government election” and “local government elections”, in each place insert “or referendum” or “in referendums” respectively.
	In subsection (4)(a) after “election” insert “or referendum”.
Section 65 (tampering with ballot papers, etc)[^f00037]	In subsection (1)— after “election”, in the first place it occurs, insert “or referendum”, and omit paragraph (a).
	In subsection (3) for “clerk” substitute “person”.
Section 66 (requirement of secrecy)[^f00038]	For subsection (1)(b) substitute— b every polling observer, so attending, .
Section 66A (prohibition of exit polls)[^f00039]	In subsection (2) omit the “and” preceding paragraph (b) and after that paragraph insert— ; and c any referendum. .
Section 92 (broadcasting from outside the United Kingdom)[^f00040]	In subsection (1) after “local government election” insert “or referendum”.
Section 94 (imitation poll cards)[^f00041]	In subsection (1) after “local government election” insert “or referendum”.
	In subsection (2)— after “local government election” insert “or referendum, after “section 36” insert “above, or regulations made under paragraph 16 of Schedule 4B to the Town and Country Planning Act 1990”, and after “the rules”, insert “or, as the case may be, the regulations”.
Section 96 (schools and rooms for local election meetings)[^f00042]	For subsection (1) substitute— 1 Subject to the provisions of this section, any person is entitled, for the purpose of holding a public meeting to promote a particular result in a referendum under Schedule 4B to the Town and Country Planning Act 1990, to use free of charge at reasonable times during the campaign period any meeting room to which this section applies. 1A In subsection (1), “the campaign period” means the period between the last day on which notice of referendum may be published in accordance with regulations made under paragraph 16 of Schedule 4B to the Town and Country Planning Act 1990 and the day before the date of the referendum. .
	Omit subsection (2).
	In subsection (3) for the words from “electoral area for which” to “that electoral area” substitute “the area of the relevant council”.
	In subsection (4)— omit the words “and paragraph 1(1) of Schedule 5 to this Act”, after the words “that section” insert “subject to the substitution in subsection (5) of that section, for the word “candidate” of the word “person””, and omit the words from “and any person” to the end.
	After subsection (4) insert— 5 The lists maintained by a county council, district council or London borough council of meeting rooms which candidates at a parliamentary election in any constituency are entitled to use shall have effect for the purposes of the referendum; and any person shall, before the referendum, be entitled at all reasonable hours to inspect those lists or a copy of them. .
Section 97 (disturbances at election meetings)[^f00043]	For subsection (2) substitute— 2 This section applies to a meeting in connection with a referendum under Schedule 4B to the Town and Country Planning Act 1990 held during the campaign period. 2A In subsection (2) “the campaign period” means the period between the last day on which notice of referendum may be published in accordance with regulations made under paragraph 16 of Schedule 4B to the Town and Country Planning Act 1990 and the day before the date of the referendum. .
Section 100(1) and (2) (illegal canvassing by police officers)[^f00044]	In subsection (1) for the words from “from giving his vote” to the end substitute “from giving their vote in a referendum under Schedule 4B to the Town and Country Planning Act 1990 in relation to a referendum area wholly or partly within the police area”.
Section 109 (payments for the exhibition of election notices)
Section 110 (details to appear on election publications)[^f00045]
Section 111 (prohibition of paid canvassers)
Section 112 (providing money for illegal purposes)
Section 113 (bribery)[^f00046]
Section 114 (treating)
Section 115 (undue influence)[^f00047]
Section 116 (rights of creditors)	Omit paragraphs (b) and (c).
Section 118 (interpretation of Part 2)[^f00048]
Section 119 (computation of time for purposes of Part 2)[^f00049]	In subsection (1)(b) after “disregarded” insert- ; and c in computing any period referred to in section 96(1A) or 97(2A), as applied for the purposes of a referendum under Schedule 4B to the Town and Country Planning Act 1990, any of the days so mentioned shall be disregarded.
Section 168 (prosecutions for corrupt practices)[^f00050]
Section 169 (prosecutions for illegal practices)[^f00051]
Section 170 (conviction of illegal practices on charge of corrupt practice etc)
Section 173 (incapacities)[^f00052]	In subsection (1)(a)(i) after “Great Britain” insert “or at any referendum”.
Section 175 (illegal payments etc)[^f00053]	Omit subsection (2).
Section 176 (time limit for prosecutions)
Section 177 (summary trial)	For “the election under the local government Act” substitute “the referendum under Schedule 4B to the Town and Country Planning Act 1990”; In subsection (1)(a) for the words from “in the county” to “adjoins”, substitute “for the referendum area in which the offence is alleged to have been committed”.
Section 178 (prosecution of offences committed outside the United Kingdom) [^f00054]
Section 179 (offences by association)
Section 181 (Director of Public Prosecutions)[^f00055]
Section 185 (interpretation of Part 3)[^f00056]
Section 199B (translations of certain documents)[^f00057]
Section 200(1A) and (2) (public notices, and declarations)[^f00058]
Section 202 (interpretation)[^f00059]
Provision	Modification
---	---
Section 15 (combination of polls at parliamentary, European and local elections)	After section 15(3) insert— 3AA Where the polls at one or more relevant elections are to be taken on the same date as a neighbourhood planning referendum, they may be taken together if the returning officer for each relevant election thinks fit. .
	For section 15(4) substitute— 4 Where polls at any relevant election and neighbourhood planning referendum are combined under this section the costs of taking the combined polls (excluding any cost solely attributable to one relevant election or the referendum) and any cost attributable to their combination shall be apportioned equally among the relevant elections and the neighbourhood planning referendum. 4A In subsections (3AA) and (4)— “neighbourhood planning referendum” means a referendum under Schedule 4B to the Town and Country Planning Act 1990; “relevant election” has the meaning given in regulation 2 of the Neighbourhood Planning (Referendums) Regulations 2012. .
Provision	Modification
---	---
Section 10 (pilot schemes for local elections in England and Wales)[^f00062]	In subsection (2)— after “Representation of the People Acts”, insert “or the Town and Country Planning Act 1990”, and in paragraph (c) for “candidates” substitute “any campaign organiser within the meaning of regulation 6 of the Neighbourhood Planning (Referendums) Regulations 2012”.
	In subsection (3)— in paragraph (b) for “candidates’” substitute “campaign organisers’”, and for “section 75(1) of the 1983 Act (restriction on third party election expenditure)” substitute “regulation 6 of the Neighbourhood Planning (Referendums) Regulations 2012”.
	Omit subsection (4).
	At the end of subsection (7)(a) insert “or the Town and Country Planning Act 1990”.
Section 12 (changes relating to absent voting at elections in Great Britain)	In subsection (1) at the end insert “; and as regards referendums”.
Schedule 4 (absent voting in Great Britain)[^f00063]	In paragraph 1(1), in the definition of “the appropriate rules” at the end of paragraph (b), insert— , and c in the case of a referendum under Schedule 4B to the Town and Country Planning Act 1990, the Neighbourhood Planning Referendums Rules or the Neighbourhood Planning Referendums (Combination of Polls) Rules, as the case may be .
	In paragraphs 2 to 7, 7C and 7D, except in paragraphs 3(1), 3(2), 3(4)(a)(i), 6(7), 7(4)(a) and 7(6)(a)(i), after “local government election”, “local government elections”, “elections” and “election”, insert, as the context requires, “or a referendum”, “or referendums”, or “or the referendum”.
	In paragraphs 3(1) and 3(2) for “or at both” substitute “or at referendums or at any combination of such polls”.
	In paragraphs 3(4)(a)(i) and 7(6)(a)(i) for “or both” substitute “or referendums, or at any combination of such polls”.
	In paragraphs 6(7) and 7(4)(a) for “or at both” substitute “or at referendums, or at any combination of such polls”.
Provision	Modification
---	---
Section 6A (attendance of representatives of Commission at elections etc)	After subsection (1)(b) insert— c proceedings relating to a referendum under Schedule 4B to the Town and Country Planning Act 1990 which are the responsibility of the counting officer. .
Section 6B (observation of working practices by representatives of Commission)	After subsection (2) insert— 2A A representative of the Commission may also observe the working practices of a counting officer at a referendum under Schedule 4B to the Town and Country Planning Act 1990, and any person acting under the counting officer’s direction. .
Section 6C (accredited observers: individuals)	In subsection (1) after “applies” insert “or which is held under Schedule 4B to the Town and Country Planning Act 1990”.
Section 6D (accredited observers: organisations)	In subsection (1) after “applies” insert “or which is held under Schedule 4B to the Town and Country Planning Act 1990”.
Section 6E (attendance and conduct of observers)	For subsection (4)(c) substitute— c in the case of any other proceedings at a referendum to which Part 7 applies, the relevant counting officer (within the meaning of section 6A); ca in the case of any other proceedings at a referendum under Schedule 4B to the Town and Country Planning Act 1990, the counting officer; .
	In subsection (4)(d) for “or (c)” substitute “, (c) or (ca)”.
Provision	Modification
---	---
Section 42 (access to other election documents)	In subsection (1)(b) for “election documents” substitute “referendum documents”.
Section 43 (access to other election documents: contravention of regulations)	In subsection (1)(a) after “section 42,” insert “as applied by the Neighbourhood Planning (Referendums) Regulations 2012,”.
Section 44 (access to other election documents: supplementary)	In subsection (3)(b) for the words “such registration officer as the Secretary of State by order appoints”, insert “the registration officer of the relevant council or where the referendum area comprises the areas of two or more councils, the returning officer of the relevant council in whose portion of the referendum area the greater or greatest (as the case may be) number of local government electors are registered”.
	In subsection (5) for the words “election documents” to “Northern Ireland)” substitute “referendum documents are such documents relating to a referendum”.
	After subsection (7)(e) insert— f in relation to a referendum under Schedule 4B to the Town and Country Planning Act 1990, the area in which the referendum takes place. .
Section 46 (returning officers: correction of procedural errors)	After subsection (3)(b) insert— c a referendum. .
	Omit subsection (6).
Section 69 (encouraging electoral participation)	In subsection (1) for “by electors in the electoral process” substitute “in a referendum under Schedule 4B to the Town and Country Planning Act 1990 by those entitled to vote in the referendum”.
	After subsection (8)(b) insert— c a counting officer at a referendum. .

PART 2

The Representation of the People (Combination of Polls) (England and Wales) Regulations 2004

1

The Representation of the People (Combination of Polls) (England and Wales) Regulations 2004 have effect subject to the following modifications.

2

In regulation 2 (interpretation)—

(a) in paragraph (1), in the definition of “referendum”, after “the Local Authorities (Conduct of Referendums) (England) Regulations 2012” insert “ or a referendum held under Schedule 4B to the Town and Country Planning Act 1990 ”;

(b) in paragraph (2) after “the Local Authorities (Conduct of Referendums) (England) Regulations 2012” insert “ or regulation 2 of the Neighbourhood Planning (Referendums) Regulations 2012 (as the case may be) ”.

3

For regulation 4(8) substitute—

(8) Subject to paragraph (9), where the polls at two or more referendums or polls at an election and referendum are taken together under section 15(3AA) of the 1985 Act— (a) the returning officer for each election or referendum shall decide which returning officer shall discharge those functions of the other (or others) which are specified in regulation 5...; and (b) the only polling stations which shall be used at each election or referendum are the polling stations used at the election or referendum for which the returning officer who discharges the functions referred to in sub-paragraph (a) above acts as returning officer.

4

(1) Regulation 5 (functions at combined polls) is amended as follows.

(2) In paragraph (1), after sub-paragraph (e) insert—

(f) at a referendum held under Schedule 4B to the Town and Country Planning Act 1990, by those rules in regulations made under paragraph 16 of Schedule 4B to that Act which correspond to the rules specified in paragraph (2);

(3) In paragraph (3), after sub-paragraph (b) insert—

(c) that regulation and that Part as applied by regulations made under paragraph 16 of Schedule 4B to the Town and Country Planning Act 1990.

5

(1) In regulation 6(3) and (4) (modification of provisions about expenses in the 1983 Act) for “15(1) or (2)” substitute “ 15(1), (2) or (3AA) ”.

(2) In regulation 6(5)—

(a) omit “and” at the end of sub-paragraph (a), and

(b) at the end of sub-paragraph (a) insert—

(ab) the provisions in regulations made under paragraph 16 of Schedule 4B to the Town and Country Planning Act 1990 which correspond to that provision; and

6

In regulation 8 (modification of parliamentary elections rules)—

(a) omit “or” at the end of sub-paragraph (a); and

(b) after sub-paragraph (b) insert—

or (c) the poll at a referendum held under Schedule 4B to the Town and Country Planning Act 1990,

7

In Schedule 2 (modifications to parliamentary elections rules)—

(a) in paragraph 2, in the definition of “referendum” after “the Local Authorities (Conduct of Referendums) (England) Regulations 2012” insert “ or a referendum held under Schedule 4B to the Town and Country Planning Act 1990 ”;

(b) in paragraph 3(a) after “the Local Authorities (Conduct of Referendums) (England) Regulations 2012” insert “ or regulation 2 of the Neighbourhood Planning (Referendums) Regulations 2012 (as the case may be) ”;

(c) in paragraph 22, in substituted sub-paragraph (1AC)(b), after “ the Local Government Act 2000 ” insert “ or regulations made under paragraph 16 of Schedule 4B to the Town and Country Planning Act 1990 ”.

PART 3

Other secondary legislation about combination of polls

8

(1) The following enactments have effect subject to the modifications mentioned in regulation 13(2)(a) and (3) and the additional modifications in paragraphs 9 to 39—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the Local Elections (Principal Areas) (England and Wales) Rules 2006 ;

(d) the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007 ;

(e) the Greater London Authority Elections Rules 2007 ;

(f) the Local Authorities (Conduct of Referendums) (England) Regulations 2012 ;

(g) the Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012 ;

(h) the Police and Crime Commissioner Elections Order 2012 .

The European Parliamentary Elections Regulations 2004

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Local Elections (Principal Areas) (England and Wales) Rules 2006

15

The Local Elections (Principal Areas) (England and Wales) Rules 2006 have effect with the additional modifications set out in paragraphs 16 and 17.

16

In rule 2 (interpretation)—

(a) in paragraph (1) in the definition of “counting observer”, “counting officer”, “polling observer” and “referendum” after “the Local Authorities (Conduct of Referendums) (England) Regulations 2012” in each place insert “ or the Neighbourhood Planning (Referendums) Regulations 2012 (as the case may be) ”;

(b) omit paragraph (3)(a).

17

In Schedule 3 (rules for conduct of an election of councillors of a principal area where the poll is taken together with the poll at a relevant election or referendum), in rule 45(5)(b) after “the Local Government Act 2000,” insert “ or regulations made under paragraph 16 of Schedule 4B to the Town and Country Planning Act 1990 ”.

The Local Elections (Parishes and Communities) (England and Wales) Rules 2006

18

The Local Elections (Parishes and Communities) (England and Wales) Rules 2006 have effect with the additional modifications set out in paragraphs 19 and 20.

19

In rule 2(1) (interpretation)—

(a) in the definition of “counting officer” after “the Local Authorities (Conduct of Referendums) (England) Regulations 2012” insert “ or regulation 2 of the Neighbourhood Planning (Referendums) Regulations 2012 (as the case may be) ”;

(b) in the definition of “referendum” after "the Local Authorities (Conduct of Referendums) (England) Regulations 2012” insert “ or regulations made under paragraph 16 of Schedule 4B to the Town and Country Planning Act 1990 ”.

20

In Schedule 3 (rules for conduct of an election of councillors of a parish or community where the poll is taken together with the poll at a relevant election or referendum), in rule 45(4)(b) after “Local Government Act 2000,” insert “ or regulations made under paragraph 16 of Schedule 4B to the Town and Country Planning Act 1990 ”.

The Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007

21

The Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007 have effect with the additional modifications set out in paragraphs 22 and 23.

22

In regulation 2 (interpretation), in the definition of “the Referendums Regulations” after “the Local Authorities (Conduct of Referendums) (England) Regulations 2012” insert “ or the Neighbourhood Planning (Referendums) Regulations 2012 ”.

23

In Schedule 3 (mayoral election (combination of polls) rules), in paragraph 47(4) after “the Local Government Act 2000” insert “ or paragraph 16 of Schedule 4B to the Town and Country Planning Act 1990 ”.

The Greater London Authority Elections Rules 2007

24

The Greater London Authority Elections Rules 2007 have effect with the additional modifications set out in paragraphs 25 to 30.

25

In rule 2(1) (interpretation) in the definition of “referendum” after “the Referendum Regulations” insert “ or regulations made under paragraph 16 of Schedule 4B to the Town and Country Planning Act 1990 ”.

26

In rule 5(1) (rules for Authority elections combined with a relevant election or referendum)—

(a) omit “or” and the end of sub-paragraph (a); and

(b) after sub-paragraph (b) insert—

or (c) the poll at a referendum held under Schedule 4B to the Town and Country Planning Act 1990 (neighbourhood planning referendums).

27

In Schedule 5 (the constituency members election rules)—

(a) in paragraph 2(1)—

(i) in the definition of “counting observer”, “counting officer” and “polling observer” after “the Local Authorities (Conduct of Referendums) (England) Regulations 2001” in each place insert “ or the Neighbourhood Planning (Referendums) Regulations 2012 (as the case may be) ”;

(ii) in the definition of “referendum” after “the Referendum Regulations” insert “ or the Neighbourhood Planning (Referendums) Regulations 2012 ”;

(iii) in paragraph (d) of the definition of “relevant election or referendum” after “the Local Government Act 2000” insert “ or paragraph 16 of Schedule 4B to the Town and Country Planning Act 1990 ”.

(b) omit paragraph 2(2)(a); and

(c) in paragraph 49(2)(b) after “the Local Government Act 2000” insert “ or regulations made under paragraph 16 of Schedule 4B to the Town and Country Planning Act 1990 ”.

28

In Schedule 6 (the London members election rules)—

(a) in paragraph 2(1)—

(i) in the definition of “counting observer”, “counting officer” and “polling observer” after “the Referendum Regulations” in each place insert “or regulation 2 of the Neighbourhood Planning (Referendums) Regulations 2012 (as the case may be);

(ii) in the definition of “referendum” after “the Referendum Regulations” insert “ or the Neighbourhood Planning (Referendums) Regulations 2012 ”;

(iii) in paragraph (d) of the definition of “relevant election or referendum” after “the Local Government Act 2000” insert “ or paragraph 16 of Schedule 4B to the Town and Country Planning Act 1990 ”.

(b) omit paragraph 2(2)(a); and

(c) in paragraph 50(2)(b) after “the Local Government Act 2000” insert “ or regulations made under paragraph 16 of Schedule 4B to the Town and Country Planning Act 1990 ”.

29

In Schedule 7 (the Mayoral election rules)—

(a) in paragraph 2(1)—

(i) in the definition of “counting observer”, “counting officer” and “polling observer” after “the Referendum Regulations” in each place insert “or regulation 2 of the Neighbourhood Planning (Referendums) Regulations 2012 (as the case may be);

(ii) in the definition of “referendum” after “the Referendum Regulations” insert “ or the Neighbourhood Planning (Referendums) Regulations 2012 ”;

(iii) in paragraph (d) of the definition of “relevant election or referendum” after “the Local Government Act 2000” insert “ or paragraph 16 of Schedule 4B to the Town and Country Planning Act 1990 ”.

(b) omit paragraph 2(2)(a); and

(c) in paragraph 49(2)(b) after “the Local Government Act 2000” insert “ or regulations made under paragraph 16 of Schedule 4B to the Town and Country Planning Act 1990 ”.

30

In Schedule 8 (combined manual count rules) in paragraph 2(1) in paragraph (d) of the definition of “relevant election or referendum” after “the Local Government Act 2000” insert “ or paragraph 16 of Schedule 4B to the Town and Country Planning Act 1990 ”.

The Local Authorities (Conduct of Referendums) (England) Regulations 2012

31

The Local Authorities (Conduct of Referendums) (England) Regulations 2012 have effect with the additional modifications set out in paragraphs 32 to 34.

32

In regulation 2(1) (interpretation), in the definition of “relevant election or referendum” after sub-paragraph (f) insert—

(g) a referendum held under Schedule 4B to the Town and Country Planning Act 1990,

33

In regulation 10 (combination of polls: general) after paragraph (8) add—

(9) Where the poll at the referendum is to be taken on the same day as the poll is to be taken at a referendum held under Schedule 4B to the Town and Country Planning Act 1990 (neighbourhood planning referendums), the polls may be taken together if the counting officer for each of those referendums thinks fit.

34

In regulation 11 (combination of referendums and election polls: conduct of referendums) in paragraph (1) for “10(1) or (5)” substitute “ 10(1), (5) or (9) ”.

The Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012

35

The Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012 have effect with the additional modifications set out in paragraph 36.

36

In regulation 17(3) (combination and timing of polls: general)—

(a) omit “or” and the end of sub-paragraph (o); and

(b) after sub-paragraph (p) insert—

or (q) a referendum held by the relevant council under Schedule 4B to the Town and Country Planning Act 1990 (neighbourhood planning referendums).

The Police and Crime Commissioner Elections Order 2012

37

The Police and Crime Commissioner Elections Order 2012 have effect with the additional modifications set out in paragraphs 38 and 39.

38

In article 2(1) (interpretation), in the definition of “local referendum” after paragraph (c) insert—

(d) a referendum under Schedule 4B to the Town and Country Planning Act 1990 (neighbourhood planning referendums).

39

In Schedule 4, after paragraph 13(4) insert—

(5) In relation to a referendum under Schedule 4B to the Town and Country Planning Act 1990, expressions used in this Part of this Schedule are to be read as follows— - “counting agent” means a counting observer as defined by regulation 2 of the Neighbourhood Planning (Referendums) Regulations 2012; - “counting officer” means a person referred to in regulation 2 of those Regulations; - “polling agent” means a polling observer as defined in regulation 2 of those Regulations; - “elector” means voter as defined by rule 2 of the Neighbourhood Planning Referendums Rules contained in Schedule 3 of those Regulations or rule 2 of the Neighbourhood Planning Referendums (Combination of Polls) Rules contained in Schedule 5 to those Regulations.

SCHEDULE 5 — THE NEIGHBOURHOOD PLANNING REFERENDUMS (COMBINATION OF POLLS) RULES

PART 1 — Citation and Interpretation

Citation

1

These Rules may be cited as the Neighbourhood Planning Referendums (Combination of Polls) Rules.

Interpretation

2

(1) In these Rules—

“anonymous elector’s document” has the meaning given in regulation 3(1) of the Voter Identification Regulations 2022;

“polling agent” means a person appointed as such under—rule 30 of Schedule 1 to the Representation of the People Act 1983,rule 30 of Schedule 1, paragraph 31 of Schedule 2 or paragraph 30 of Schedule 3, to the Greater London Authority Elections Rules 2007 ;rule 29 of Schedule 1 to the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007 ;rule 27 of Schedule 2 to the Local Elections (Parishes and Communities) (England and Wales) Rules 2006 ;rule 27 of Schedule 2 to the Local Elections (Principal Areas) (England and Wales) Rules 2006 ;...rule 31 of Schedule 3 to the Police and Crime Commissioner Elections Order 2012 ;

“relevant returning or counting officer” means the returning or counting officer (as the case may be) discharging the functions under regulation 5 of the Representation of the People (Combination of Polls) (England and Wales) Regulations 2004 ; ...

“temporary electoral identity document” has the meaning given in regulation 3(1) of the Voter Identification Regulations 2022; and

“voter” means a person entitled to vote on their own behalf.

(2) References to the register of local government electors (other than a reference to a person's number on the register) must be construed as references to the part or parts of the register or registers of local government electors which has or have effect in respect of the referendum area.

(3) References to the relevant registration officer are to—

(a) the registration officer of the relevant council;

(b) if the referendum area comprises any part of the area of more than one relevant council, the registration officer of the relevant council in whose portion of the referendum area the greater or greatest (as the case may be) number of electors is registered.

(4) Other expressions used both in these Rules and in the 1983 Act (as it applies to local government elections) have the same meaning in these Rules as they have in that Act.

PART 2 — Provisions as to Time

Timetable

3

The proceedings at the referendum are to be conducted in accordance with the following Timetable.

Computation of time

4

In computing any period of time for the purposes of the Timetable the days mentioned in regulation 4(5) are to be disregarded, and any such day is not to be treated as a day for the purpose of any proceedings up to the completion of the poll nor is the relevant returning or counting officer, nor the counting officer obliged to proceed with the counting of the votes on such a day.

PART 3 — General Provisions

Notice of referendum

5

(1) The counting officer must publish notice of the referendum, stating the date of the poll.

(2) The notice of referendum must state the date by which—

(a) applications to vote by post or by proxy; and

(b) other applications and notices about postal or proxy voting,

must reach the registration officer in order that they may be effective for the referendum.

Poll to be taken by ballot

6

A poll must be taken at the referendum and the votes at the poll must be given by ballot.

The ballot papers

7

(1) The ballot of every person entitled to vote at the referendum must consist of a ballot paper.

(2) Every ballot paper to be used in the referendum must be in the form set out in Form 1, 2 or 3 in the Appendix (as the case may be).

(3) Every ballot paper—

(a) must be capable of being folded up;

(b) must have a number and other unique identifying mark printed on the back; and

The corresponding number list

8

(1) Subject to paragraph (2), the relevant returning or counting officer must prepare a list containing the numbers and other unique identifying marks of all of the ballot papers to be issued by that officer in pursuance of rule 14(1) or provided by that officer in pursuance of rule 18(1).

(2) Where proceedings on the issue and receipt of postal ballot papers in the referendum are not taken together with such proceedings at one or more relevant elections, the counting officer must prepare the list mentioned in paragraph (1) in respect of all of the ballot papers to be issued by the officer in pursuance of rule 14(1).

(3) The list must be in the form set out in Form 4 in the Appendix or a form to like effect.

The official mark

9

(1) Every ballot paper must contain an appropriate security marking (the official mark).

(2) The official mark must be kept secret.

(3) The counting officer may use a different official mark for different purposes at the same referendum.

Prohibition of disclosure of vote

10

No person who has voted at the referendum is, in any legal proceeding to question the referendum, required to state for which answer that person has voted.

Use of schools and public rooms

11

(1) The counting officer and the relevant returning or counting officer may use, free of charge, for the relevant purposes of taking the poll or counting the votes—

(a) a room in a school maintained or assisted by a local authority (as defined in the Education Act 1996 ) or a school in respect of which grants are made out of moneys provided by Parliament to the person or body of persons responsible for the management of the school;

(b) a room the expense of maintaining which is payable out of any rate.

(2) That officer must make good any damage done to, and defray any expense incurred by the persons having control over, any such room as mentioned above by reason of its being used for the purpose of taking the poll or counting the votes.

(3) In paragraph (1) “relevant purposes” means—

(a) in the case of the counting officer, the counting of the votes; and

(b) in the case of the relevant returning or counting officer, the taking of the poll and the discharging of the functions under rule 37(1).

Cross-boundary referendum areas

12

(1) This rule applies where the referendum area comprises any part of the area of more than one relevant council.

(2) Where this rule applies, the Chief Counting Officer must ensure, as far as practicable, that any ballot paper or other document issued in relation to the referendum is in the same form (except for necessary changes) and is issued on the same date in respect of each relevant council.

PART 4 — Action to be Taken Before the Poll

Notice of poll

13

(1) The counting officer must publish notice of the poll stating—

(a) the day and hours fixed for the poll; and

(b) the question to be asked in the referendum.

(2) The notice of the poll must be published no later than the sixth day before the date of the referendum.

(3) The relevant returning or counting officer must, not later than the time of the publication of the notice of the poll, also give public notice of—

(a) the situation of each polling station; and

(b) the description of persons entitled to vote there.

(4) The notice published under paragraph (3) must—

(a) state that the poll at the referendum is to be taken together with the poll at a relevant election;

(b) specify the parliamentary constituency, electoral area, ... Assembly constituency, voting area or, as the case may be, the relevant local authority area for which the relevant election is held; and

Postal ballot papers

14

(1) The relevant returning or counting officer must, in accordance with regulations made under the 1983 Act , issue to those entitled to vote by post a ballot paper and a postal voting statement in the form set out in Form 6 or 7 in the Appendix (as the case may be), or a form to like effect, together with such envelopes for their return as may be prescribed by such regulations.

(2) The relevant returning or counting officer must also issue to those entitled to vote by post such information as the officer thinks appropriate about how to obtain—

(a) translations into languages other than English of any directions to or guidance for voters and proxies sent with the ballot paper;

(b) a translation into Braille of such directions or guidance;

(d) the directions or guidance in any other form (including any audible form).

(3) The postal voting statement must include provision for the form to be signed and for stating the date of birth of the voter or proxy.

(4) In the case of a ballot paper issued to a person at an address in the United Kingdom, the relevant returning or counting officer must ensure that the return of the ballot paper and postal voting statement is free of charge to the voter or proxy.

(5) In paragraphs (1), (2) and (4) for “relevant returning or counting officer” substitute “ counting officer ” where proceedings on the issue and receipt of ballot papers at the referendum are not taken together with such proceedings at one or more relevant elections.

Provision of polling stations

15

(1) The relevant returning or counting officer must provide a sufficient number of polling stations and, subject to the following provisions of this rule, must allot polling stations to voters in such manner as the relevant returning or counting officer thinks most convenient.

(2) The polling stations are the polling places or polling stations (as the case may be) designated for the purposes of the relevant election for which the relevant returning or counting officer discharges functions which are not combined functions.

(3) In paragraph (2) “combined functions” means functions under regulation 5 of the Representation of the People (Combination of Polls) (England and Wales) Regulations 2004.

(4) One or more polling stations may be provided in the same room.

(5) The polling station allotted to voters from any parliamentary polling district wholly or partly within the referendum area must, in the absence of special circumstances, be in the parliamentary polling place for that district.

(6) The relevant returning or counting officer must provide each polling station with such number of compartments as may be necessary in which the voters and proxies can mark their votes screened from observation.

(7) The counting officer must ensure that each polling station contains an area in which voters and proxies can produce proof of identity in private.

Appointment of presiding officers and polling clerks

16

(1) The relevant returning or counting officer must appoint and pay a presiding officer to attend at each polling station and such clerks as may be necessary for the purposes of the referendum.

(2) The relevant returning or counting officer may, if that officer thinks fit, preside at a polling station and the provisions of these Rules relating to a presiding officer apply to a relevant returning or counting officer so presiding with the necessary modifications as to things to be done by the relevant returning or counting officer to the presiding officer or by the presiding officer to the relevant returning or counting officer.

(3) A presiding officer may do, by the clerks appointed to assist the officer, any act (including the asking of questions) which the officer is required or authorised by these Rules to do at a polling station except—

(a) order the arrest, exclusion or removal of any person from the polling station,

(b) refuse to deliver a ballot paper under rule 25(3) or rule 27(1E) (including that rule as applied by rule 28, 28 or 30), or

Issue of official poll cards

17

(1) The counting officer must as soon as practicable after the publication of the notice of the referendum send to each voter and proxy an official poll card.

(2) The official poll card must be sent or delivered—

(a) in the case of a voter, to the voter's qualifying address; and

(b) in the case of a proxy, to the proxy's address as shown in the list of proxies.

(3) The official poll card must be in the form set out in Form 8, 9, 10 or 11 in the Appendix (as the case may be), or a form to like effect, and must set out—

(a) the name of the relevant council and of the neighbourhood area;

(b) the name of the voter, the voter's qualifying address and number on the register;

(d) such other information as the counting officer thinks appropriate,

and different information may be provided in pursuance of sub-paragraph (d) to different voters or to different descriptions of voter.

(4) In the case of a voter who has an anonymous entry in the register, instead of containing the matter mentioned in paragraph (3)(b), the poll card must contain such matter as is specified in the appropriate form in the Appendix.

(5) In this rule references to a voter—

(a) are to a person who is registered in the register of local government electors on the last day for the publication of notice of the referendum; and

(b) include a person then shown in the register as below voting age if (but only if) it appears from the register that the person will be of voting age on the day fixed for the poll.

(6) If the returning officer (or, as the case may be, the counting officer) for each relevant election and the counting officer for the referendum think fit, an official poll card issued under this rule may be combined with the official poll card issued at every relevant election.

Equipment of polling stations

18

(1) The relevant returning or counting officer must provide each presiding officer with such number of ballot boxes and ballot papers as in the counting officer's opinion may be necessary.

(2) The same ballot box may be used for the poll at the referendum and the poll at every relevant election, if the relevant returning or counting officer thinks fit.

(3) Every ballot box must be so constructed that the ballot papers can be put in it, but cannot be withdrawn from it, without the box being unlocked or, where the box has no lock, the seal being broken.

(4) The relevant returning or counting officer must provide each polling station with—

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

(b) copies of such part of the register of electors as contains the names of the voters who have the station allotted to them;

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

(d) a list, in the form set out in Form 5 in the Appendix or a form to like effect, consisting of that part of the list prepared under rule 8 which 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.

(5) The reference in paragraph (3)(b) to the copies of the register of electors includes a reference to copies of any notices issued under section 13B(3B) or (3D) of the 1983 Act in respect of alterations to the register.

(5A) The counting officer must also provide each polling station with a ballot paper refusal list, in the form set out in Form 11A in the Appendix or a form to like effect, on which entries are to be made as mentioned in rule 31A (refusal to deliver ballot paper).

(6) The relevant returning or counting officer must also provide each polling station with—

(a) at least one large version of each ballot paper which must be printed on the same colour paper as the corresponding ballot paper and displayed inside the polling station for the assistance of voters and proxies who are partially sighted; and

(b) such equipment as it is reasonable to provide for the purposes of enabling, or making it easier for, relevant persons to vote independently in the manner directed by rule 27 (voting procedure), including in relation to voting secretly; and for this purpose “relevant persons” means persons who find it difficult or impossible to vote in that manner because of—

(i) blindness or partial sight, or

(ii) another disability.

(6A) Paragraph (10) of rule 29 of Schedule 1 to the 1983 Act (Parliamentary elections rules: guidance to returning officers) applies for the purposes of paragraph (6)(b) of this rule as it applies for the purposes of that rule, but as if—

(a) the reference in that paragraph to the returning officer were a reference to the relevant returning or counting officer, and

(b) the reference in that paragraph to paragraph (3A)(b) were a reference to paragraph (6)(b) of this rule.

(7) Where, notwithstanding paragraph (2), separate ballot boxes are to be used, each ballot box must be clearly marked—

(a) as to the election or referendum to which it relates, as shown on the ballot papers for the election or referendum; and

(b) with the words “Place the [specify colour of ballot papers in question] ballot papers here”.

(8) A notice in the form set out in Form 12 in the Appendix, giving directions for the guidance of voters and proxies in voting, must be printed in conspicuous characters and exhibited inside and outside every polling station.

(8A) A large notice must be displayed inside each polling station containing—

(a) details of the documents the voter or proxy needs to produce when applying for a ballot paper, namely—

(i) in the case of a voter (other than a voter with an anonymous entry) or a proxy, any of the forms of identification for the time being referred to in rule 37(1H) of Schedule 1 to the 1983 Act (parliamentary elections rules);

(ii) in the case of a voter with an anonymous entry, the voter’s official poll card and an anonymous elector’s document showing the same electoral number as the electoral number shown on the official poll card; and

(b) a statement that further proof of identity may be required to resolve any discrepancy between the name of the holder of a form of identification and the name of the voter or proxy that the voter or proxy claims to be.

(9) The relevant returning or counting officer may also provide copies of the notice mentioned in paragraph (8) in Braille or translated into languages other than English as the counting officer considers appropriate, provided that these notices are accurate reproductions in Braille or that other language of that notice.

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

(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appointment of polling observers and counting observers

19

(1) The counting officer may appoint persons to attend at polling stations for the purpose of detecting personation (“polling observers”).

(2) Where the counting officer is not the relevant returning or counting officer, the counting officer must give notice in writing of the appointments of polling observers to the relevant returning or counting officer.

(3) That notice must state the names and addresses of the persons appointed and must be given not later than the fifth day (disregarding any day specified in rule 4) before the day of the poll.

(4) Not more than four polling observers or polling agents, or such greater number as the relevant returning or counting officer may by notice allow, are permitted to attend at any particular polling station and if the number of such polling observers or agents exceeds that number, the relevant returning or counting officer must determine which polling observer or agents are permitted to attend by lot and only the polling observers and agents on whom the lot falls is deemed to have been duly appointed.

(5) The counting officer must appoint persons to observe the counting of the votes and the verification of the ballot paper account (“counting observers”).

(6) Where the counting officer is not the relevant returning or counting officer, the counting officer must give notice in writing of the appointments of counting observers to the relevant returning or counting officer as soon as is practicable following the appointment.

(7) In the following provisions of these Rules references to polling observers and counting observers are to be taken as references to polling observers and counting observers whose appointments have been duly made.

(8) Where by these Rules any act or thing is required or authorised to be done in the presence of the polling observers or counting observers, the non-attendance of any such person at the time and place appointed for the purpose does not, if the act or thing is otherwise duly done, invalidate the act or thing done.

Notification of requirement of secrecy

20

(1) The relevant returning or counting officer must make such arrangements as the officer thinks fit to ensure that—

(a) every person attending at a polling station (otherwise than for the purpose of voting or assisting a voter or proxy with disabilities to vote or as a constable on duty there) has been given a copy in writing of the provisions of subsections (1), (3) and (6) of section 66 of the 1983 Act , as applied by Schedule 4; and

(b) every person attending at the counting of the votes (other than any constable on duty at the counting) has been given a copy in writing of the provisions of subsections (2) and (6) of that section, as applied by Schedule 4.

(2) In this rule, a reference to a constable includes a person designated as a community support officer under section 38 of the Police Reform Act 2002 (police powers for employees).

Return of postal ballot papers

21

(1) Where—

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

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

the relevant returning or counting officer must mark the list in the manner prescribed by regulations made under the 1983 Act .

(2) In paragraph (1) for “relevant returning or counting officer” substitute “ counting officer ” where proceedings on the issue and receipt of postal ballot papers at the referendum are not taken together with such proceedings at one or more relevant elections.

(3) Rule 37(5) 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.

PART 5 — The Poll

Admission to polling station

22

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

(a) voters and proxies;

(b) persons under the age of 18 who accompany voters and proxies to the polling station;

(ba) persons aged 18 or over returning a postal ballot paper or postal voting statement by hand in accordance with rule 37(6)(b);

(d) the clerks appointed to attend at the polling station;

(e) persons who are entitled to attend by virtue of any of sections 6A to 6D of the Political Parties, Elections and Referendums Act 2000 ;

(f) the constables on duty;

(g) the companions of voters and proxies with disabilities and

(h) persons entitled to be admitted to the polling station at a relevant election with which the poll at the referendum is combined.

(2) The presiding officer must regulate the total number of voters, proxies and persons under the age of 18 who accompany them to be admitted to the polling station at the same time.

(3) A constable or person employed by the counting officer or a relevant returning or counting officer must not be admitted to vote in person elsewhere than at the polling station allotted to them under these Rules, except on production and surrender of a certificate as to their employment which must be in the form set out in Form 13 in the Appendix, or a form to like effect, and signed by an officer of police of or above the rank of inspector or by the counting officer or the relevant returning or counting officer by whom the person is employed, as the case may be.

(4) Any certificate surrendered under this rule must forthwith be cancelled.

(5) In this rule, a reference to a constable includes a person designated as a community support officer under section 38 of the Police Reform Act 2002 (police powers for employees).

Keeping of order in station

23

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

(2) If a person misconducts themselves in a polling station, or fails to obey the presiding officer's lawful orders, that 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 relevant returning or counting officer to remove the person,

and the person so removed may not, without the presiding officer's permission, again enter the polling station during the day.

(3) Any person so removed may, if charged with the commission in the polling station of an offence, be dealt with as a person taken into custody by a constable for an offence without a warrant.

(4) The powers conferred by this rule must not be exercised so as to prevent a voter or proxy who is otherwise entitled to vote at a polling station from having an opportunity of voting at that station.

Sealing of ballot boxes

24

Immediately before the commencement of the poll, the presiding officer must show the ballot box empty to such persons, if any, as are present in the polling station, so that they may see that it is empty, and must then lock it up, if it has a lock and (in any case) place the officer's seal on it in such a manner as to prevent the box being opened without breaking the seal and must place the box in the officer's view for the receipt of ballot papers, and keep it so locked and sealed or sealed (as the case may be).

Questions to be put to voters and proxies

25

(1) At the time of the application for a ballot paper (but not afterwards), the questions specified in the following Table—

(a) may be put by the presiding officer to a person applying for a ballot paper who is mentioned in the Table; and

(b) must be put if the person has answered the previous question in the manner indicated (where applicable), and the letter “R” appears after the question and a polling observer requires the question to be put:

Q no	Person applying for ballot paper	Question
1	A person applying as a voter	(za)— What is your name?
		(zb)—What is your address?
		(a)—Are you the person registered in the register of local government electors for this referendum area as follows?
		(read the whole entry from the register)[R]
		(b)—Have you already voted here or elsewhere at this referendum, otherwise than as proxy for some other person? [R]
2	A person applying as proxy	(za)— What is your name?
		(zb)—What is your address?
		(a)—Are you the person whose name appears as AB in the list of proxies for this referendum area as entitled to vote as proxy on behalf of CD? [R]
		(b)—Have you already voted here or elsewhere at this referendum as proxy on behalf of CD? [R]
		(c)—Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this referendum or any other election or referendum for which the day of poll is today, whether here or elsewhere in this voting area or anywhere else in England, on behalf of four or more voters? [R]
		(d)—If the person answers question (c) in the negative: “Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this referendum or any other election or referendum for which the day of poll is today, whether here or elsewhere in this voting area or anywhere else in England, on behalf of two or more voters?” [R]
		(e)—If the person answers question (d) in the affirmative: “Were two or more of the voters on whose behalf you have voted in this referendum, or any other election or referendum for which the day of poll is today, registered in a register of electors otherwise than in pursuance of a service declaration?” [R]
		(f)—If the person answers question (e) in the affirmative: “Is the voter (or are the voters) for whom you are voting today registered in a register of electors otherwise than in pursuance of a service declaration?” [R]
3	A person applying as proxy for a voter with an anonymous entry (instead of the questions at entry 2)	(za)— What is your name?
		(zb)—What is your address?
		(a)—Are you the person entitled to vote as proxy on behalf of the voter whose number on the register of electors is (read out the number)? [R]
		(b)—Have you already voted here or elsewhere as proxy on behalf of the voter whose number on the register of electors is (read out the number)? [R]
		(c)— Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this referendum or any other election or referendum for which the day of poll is today, whether here or elsewhere in this voting area or anywhere else in England, on behalf of four or more voters? [R]
		(d)—If the person answers question (c) in the negative: “Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this referendum or any other election or referendum for which the day of poll is today, whether here or elsewhere in this voting area or anywhere else in England, on behalf of two or more voters?” [R]
		(e)—If the person answers question (d) in the affirmative: “Were two or more of the voters on whose behalf you have voted in this referendum, or any other election or referendum for which the day of poll is today, registered in a register of electors otherwise than in pursuance of a service declaration?” [R]
		(f)—If the person answers question (e) in the affirmative: “Is the voter (or are the voters) for whom you are voting today registered in a register of electors otherwise than in pursuance of a service declaration?” [R]
4	. . .	. . .
5	A person applying as a voter in relation to whom there is an entry in the postal voters list	(za)— What is your name?
		(zb)—What is your address?
		(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	(za)— What is your name?
		(zb)—What is your address?
		(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 person in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act, the references in the questions at entries 1(a) and 3(a) and (b) to reading from the register are taken as references to reading from the notice issued under section 13B(3B) or (3D) of the 1983 Act.

(2A) Where a clerk—

(a) gives a person the required information (see paragraph (5)),

(b) puts a question specified in paragraph (1) to the person, and

the clerk must refer the matter to the presiding officer, who must put the question to the person again.

(3) Where the presiding officer—

(a) gives the person the required information,

(b) puts a question specified in paragraph (1) to the person (whether or not following a referral under paragraph (2A)), and

the officer must refuse to deliver a ballot paper to the person (and see rule 31A for the procedure where a ballot paper is refused under this paragraph).

(3A) For the purposes of this rule, a person answers the question “What is your name?” or “What is your address?” satisfactorily if—

(a) where one of those questions is put, the answer matches a name or address (as the case may be) in the register of electors;

(b) where both those questions are put, the answers match a name and address in that register that relate to the same person.

(3B) In the case of a voter or proxy in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act, the references to the register in paragraph (3A) are to be read as references to the notice issued under section 13B(3B) or (3D).

(4) Except as authorised by this rule, no inquiry is permitted as to the right of any person to vote (and for the purposes of this paragraph, an inquiry relating to the production of identification by a voter or proxy is not to be regarded as an inquiry as to the right of the person to vote).

(5) For the purposes of this rule, a person to whom any question is to be put is given “the required information” if the person is first informed that—

(a) a ballot paper will be refused if the person fails to answer each question satisfactorily, and

(b) giving false information may be an offence.

Challenge of voter or proxy

26

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

(a) any polling observer permitted to be present in accordance with rule 22(1) declares that the polling observer has reasonable cause to believe that the person has committed an offence of personation; or

(b) the person is arrested on the grounds that the person is suspected of committing or of being about to commit such an offence.

Voting procedure

27

(1) Subject to rule 25(3) and to paragraphs (1A) to (1M), a ballot paper must be delivered to a voter or proxy who applies for one, and immediately before delivery—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the number of the voter as stated in the register must be marked on the list mentioned in rule 18(4)(d) beside the number of the ballot paper to be issued;

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

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

(1A) A ballot paper must not be delivered to a voter or proxy unless the voter or proxy produces a specified document to the presiding officer or a clerk.

(1B) The presiding officer or clerk must arrange for the voter or proxy to produce any document in a private area of the polling station if the voter or proxy so requests, and, in such a case, must ensure that no other persons witness the production except as permitted by the voter or proxy.

(1C) Paragraph (1D) applies in relation to a voter or proxy where—

(a) the voter or proxy produces a specified document to a clerk and the clerk decides that the document raises a reasonable doubt as to whether the voter or proxy is the voter or proxy that the voter or proxy claims to be, or

(b) the voter or proxy produces a document to a clerk that the clerk reasonably suspects to be a forged document.

(1D) Where this paragraph applies, the clerk must refer the matter and produce the document to the presiding officer, who must proceed as if the voter or proxy had produced the document to the presiding officer in the first place.

(1E) The presiding officer must refuse to deliver a ballot paper to a voter or proxy where—

(a) the voter or proxy produces a specified document to the officer and the officer decides that the document raises a reasonable doubt as to whether the voter or proxy is the voter or proxy that the voter or proxy claims to be, or

(b) the voter or proxy produces a document to the officer that the officer reasonably suspects to be a forged document.

(1F) Paragraph (1E)(a) does not apply where—

(a) a discrepancy between the name of the holder of a specified document and the name of the voter or proxy that the voter or proxy claims to be is resolved to the presiding officer’s satisfaction at the time of the application by the voter or proxy producing further proof of identity, and

(b) the presiding officer has no other reason (arising from any document produced by the voter or proxy) to doubt that the voter or proxy is the voter or proxy that the voter or proxy claims to be.

(1G) The refusal to deliver a ballot paper to a voter or proxy under paragraph (1E) does not prevent the voter or proxy making a further application under paragraph (1), and paragraphs (1A) to (1F) apply on any further application.

(1H) In this rule, a “forged document” means a false document made to resemble a specified document.

(1I) In this rule, a “specified document”—

(a) except in the case of a voter or proxy who has an anonymous entry in the register of electors, is one which for the time being falls within the list specified in rule 37(1H) of Schedule 1 to the 1983 Act (parliamentary election rules);

(b) in the case of a voter or proxy who has an anonymous entry in the register of electors, means an anonymous elector’s document which—

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