The Neighbourhood Planning (Referendums) Regulations 2012

PART 9 — Declaration of Result and Disposal of Documents

Declaration of result

69

• (1) This rule applies where rule 70 does not apply.

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

• (a) declare the result of the business referendum;

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

• (c) give public notice of—

• (i) the result of the business 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

70

• (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 65(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 business referendum;

• (b) declare the result of the business referendum;

• (c) inform the proper officer of each relevant council of the result of the business referendum;

• (d) give public notice of—

• (i) the result of the business 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

71

• (1) On the completion of the counting at a business 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;

• (c) certificates as to employment on duty on the day of the poll; or

• (d) marked copies of the business voting register.

Delivery of documents to business registration officer

72

The counting officer must then forward to the business 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 named voters with disabilities assisted by companions, the lists of votes marked by the presiding officer and the related statements, the lists maintained under rule 60, and the declarations made by the companions of named voters with disabilities;

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

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

• (f) the packets containing marked copies of business voting registers and voters lists,

endorsing on each packet a description of its contents, the date of the business referendum, the words “neighbourhood planning business referendum” and the name of the neighbourhood area to which the business referendum relates.

Orders for production of documents

73

• (1) An order—

• (a) for the inspection or production of any rejected ballot papers in the custody of the business 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 business 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.

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

• (a) persons;

• (b) time;

• (c) place and mode of inspection;

• (d) production or opening,

as the court making the order may think expedient.

• (3) 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 named voter or business vote holder 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.

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

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

• (6) Where an order is made for the production by the business registration officer of any document in the business registration officer’s possession relating to any specified business referendum—

• (a) the production by the business 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 business 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.

• (7) The production from proper custody of—

• (a) a ballot paper purporting to have been used at any business 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 business voting register at the time of the business referendum contained the same number as the number written as mentioned in sub-paragraph (b) of this paragraph.

• (8) 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 business 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

74

The business registration officer must retain for one year all documents relating to a business 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 10 — Appendix of Forms

Note:—The forms contained in this Appendix may be adapted so far as circumstances require.

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 - Corresponding Number List L1

Form 4 - Form of Business Referendum Postal Voting Statement

Form 5 - Official Poll Card (to be sent to a named voter voting in person)

Form 6 - Corresponding Number List L2

Form 7 - Form of directions for the guidance of the named voters in voting

Form 8 - Form of Certificate of Employment

Form 9 - Form of declaration to be made by the companion of a named voter with disabilities

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 – Corresponding Number List L1

Form 4: Form of Business Referendum Postal Voting Statement

Form 5: Official Poll Card (to be sent to a named voter voting in person)

Form 6 – Corresponding Number List L2

Form 7: Form of directions for the guidance of the named voters in voting

Form 8: Form of Certificate of Employment

Form 9: declaration to be made by the companion of a named voter with disabilities

SCHEDULE 8 — Application, with Modification, of other Acts and Subordinate Legislation in respect of Business Referendums

Provision	Modification
Section 35(4) (appointments by returning officers)
Section 36(4) and (6) (returning officer’s expenditure at local elections)	In subsection (4)—(a) for the words from “by a returning officer” to “London borough)” substitute “by the counting officer for a relevant council in relation to the holding of a business referendum”; and(b) 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 business 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)
Section 49(5)(except (5)(b)(iii))... (effect of registers)	In subsection (5) for the words from “parliamentary or local government elector” to “list of proxies” substitute “named voter”, and omit “prevent the rejection of a vote on a scrutiny, or”.
	In subsection (5)(b)(iv) for the words “a local government elector” substitute “named voter”.
	. . .
Section 52(1) to (4) (discharge of registration duties)	A reference to functions under the 1983 Act is construed as a reference to functions under these Regulations.
Section 54(1), (3) and (4) (payment of expenses of registration)	A reference to functions under the 1983 Act or the Electoral Registration and Administration Act 2013 is construed as a reference to functions under these Regulations.
Section 60 (personation)	In subsection (2) for the words “parliamentary or local government election” substitute “business referendum”.
	In subsection (2)(a) for the words “whether as an elector or as proxy” substitute “as a named voter”.
	In subsection (2)(b), in both cases where the word appears, for the word “proxy” substitute “a named voter”.
Section 61(1) and (3) to (7) (other voting offences)	For subsection (1) substitute—1A person (“P”) shall be guilty of an offence if—aP applies to vote as named voter (in person or by post) when subject to a legal incapacity, orbP nominates a person to be a named voter knowing that that person is subject to a legal incapacity to vote at the business referendum.
	For subsection (3) and (4) substitute—3A person (“P”) shall be guilty of an offence if—aP votes as a named voter for the same business vote holder more than once in the same business referendum, orbP votes in person as named voter for a business vote holder at a business referendum at which he is entitled to vote by post as named voter for that business vote holder.4A person (“P”) shall also be guilty of an offence if he votes as named voter for more than two business vote holders.
	For subsection (6A) substitute—6A Rules.
Section 62A (except (4) and (6)) (offences relating to applications for postal and proxy votes)	In subsection (1)(a) after “election” insert “or business referendum”.
	For subsection (2) substitute—2These are the acts—acompleting a voting choices form as some other person (whether that other person is living or dead or is a fictitious person);botherwise making a false statement in, or in connection with, a registration response form;cinducing the business registration officer or counting officer to send a postal ballot paper or any communication relating to a postal vote to an address which has not been agreed to by the named voter;dcausing any communication relating to a postal vote or containing a postal ballot paper not to be delivered to the intended recipient.
Section 62C (Influencing voters at polling booths)	In subsection (3)(b), for “rule 39 of Schedule 1” substitute “rule 56 of the Neighbourhood Planning Business Referendums Rules”.
Section 63 (breach of official duty)	In subsection (3) for the words “parliamentary or local government elections or the registration of parliamentary or local government electors” substitute “business referendums or the registration of business vote holders for the purposes of a business referendum”.
	In subsection (4)(a) after the words “for an election” insert “or a business referendum”.
Section 65 (tampering with ballot papers, etc)	In subsection (1)—(a) after “election”, in the first place it occurs, insert “or business referendum”, and(b) omit paragraph (a).
Section 66 (except (5), (7) and (8)) (requirement of secrecy)	For subsections (1) to (4B) substitute—(1) The following persons—(a) every counting officer and every presiding officer or clerk attending at a polling station,(b) every polling observer so attending,(c) every person so attending by virtue of any of sections 6A to 6D of the Political Parties, Elections and Referendums Act 2000,shall maintain and aid in the secrecy of voting and shall not, except for some purpose authorised by law, communicate to any person before the poll is closed any information as to—(i) the name of any named voter who has or has not applied for a ballot paper or voted at a polling station;(ii) the number on the business voting register of any business vote holder who has or has not applied for a ballot paper or voted at a polling station; or(iii) the official mark.
	(2) Every person so attending at the counting of the votes shall maintain and aid in maintaining the secrecy of voting and shall 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;(b) communicate any information obtained at the counting of the votes as to the answer for which any vote is given on any particular ballot paper.(3) No person shall—(a) interfere with or attempt to interfere with a named voter when recording a vote;(b) otherwise obtain or attempt to obtain in a polling station information as to the answer for which a named 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 answer for which a named 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 named voter at that station;(d) directly or indirectly induce a named voter to display their ballot paper after they have marked it so as to make known to any person the answer for which they have or have not voted.(3A)No person may—aexcept for some purpose authorised by law, obtain or attempt to obtain information, or communicate at any time to any other person any information, as to the number or other unique identifying mark on the back of a ballot paper sent to a named voter for voting by post at a business referendum;bexcept for some purpose authorised by law, obtain or attempt to obtain information, or communicate at any time to any other person any information, as to the official mark on a ballot paper sent to a named voter for voting by post at a business referendum;cobtain or attempt to obtain information, in the circumstances mentioned in subsection (3B), as to the answer for which a named voter voting by post at a business referendum (“V”) is about to vote or has voted;dcommunicate at any time to any other person information obtained in contravention of paragraph (c).3BThe circumstances referred to in subsection (3A)(c) are where V is about to mark, is in the process of marking, or has just marked, a ballot paper sent to V for voting by post at the business referendum.3CBut—aa business vote holder who has named another individual as voting on their behalf does not contravene subsection (3A) by obtaining or attempting to obtain from the named voter information as to a matter mentioned in paragraphs (a) or (c) of that subsection that relates to the business vote holder’s vote, andba named voter who has been named as voting on behalf of a business vote holder does not contravene subsection (3A) by communicating to that business vote holder information as to a matter mentioned in paragraphs (a) or (c) of that subsection that relates to that business vote holder’s vote.3DSubsections (3A)(c) and (d) do not apply where the purpose (or main purpose) for which the information is sought or communicated is its use for the purposes of—aa published statement relating to the way in which voters intend to vote or have voted at the business referendum, orba published forecast as to the result of that referendum which is based on information given by voters.3EIn subsection (3D)—a“forecast” includes estimate;b“published” means made available to the public at large or to any section of the public, in whatever form and by whatever means;cthe reference to the result of the business referendum is a reference to the result of the referendum as a whole or so far as any particular answer of the referendum is concerned.3FA named voter who has been named as voting on behalf of a business vote holder at a business referendum—amust not communicate at any time to any person other than that business vote holder any information as to the answer for which the named voter is about to vote, or has voted, on behalf of the business vote holder;bexcept for some purpose authorised by law, must not communicate at any time to any person other than that business vote holder the number or other unique identifying mark on the back of a ballot paper sent or delivered to the named voter for voting on behalf of the business vote holder.(4) Every person attending the proceedings in connection with the issue or the receipt of ballot papers for named voters voting by post must maintain and aid in maintaining the secrecy of the vote and shall 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;(c) except for some purpose authorised by law, attempt to ascertain at he proceedings in connection with the receipt of ballot papers the number or other unique identifying mark on the back of any ballot paper; or(d) attempt to ascertain at the proceedings in connection with the receipt of the ballot papers the answer for which any vote is given in any particular ballot paper or communicate any information with respect thereto obtained at those proceedings.4ANo person having undertaken to assist a relevant named voter to vote at a business referendum may communicate at any time to any person except that voter any information as to—athe answer for which the relevant named voter intends to vote or has voted, orbthe number or other unique identifying mark on the back of the ballot paper given for the use of the relevant named voter.4BIn subsection (4A) “relevant named voter” means a named voter who is blind, has another disability, or is unable to read. In subsection (6A), in the definition of “relevant election” (in which all references to “election” are modified to be construed as references to “business referendum” by regulation 17(6)(a))— aomit paragraph (a), andbin paragraph (b) omit “under the local government Act”.
Section 66A (prohibition of exit polls)	In subsection (2) omit the “and” preceding paragraph (b) and after that paragraph insert—“; and(c) a business referendum.”.
Section 92 (broadcasting from outside the United Kingdom)	In subsection (1) after “local government election” insert “or business referendum”.
Section 94 (imitation poll cards)	In subsection (1) after “local government election” insert “or business referendum”.
	In subsection (2)—(a) after “local government elections” insert “or business referendum”,(b) after “section 42 above” insert “, or regulations made under paragraph 16 of Schedule 4B to the Town and Country Planning Act 1990,”, and(c) after “the rules”, insert “or, as the case may be, the regulations”.
Section 96 (schools and rooms for local election meetings)	For subsections (1) to (4) 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 business referendum, to use free of charge at reasonable times during the campaign period any meeting room to which this section applies.(2) In subsection (1), “the campaign period” means the period between the last day on which notice of the business referendum may be published in accordance with these Regulations and the day before the date of the business referendum.(3) This section applies to any meeting room situated in the area of a relevant council, the expense of maintaining which is payable by a local authority.(4) Subsections (4), (5) and (7) of section 95 shall apply for the purposes of this section as it applies to that section, except that a reference to a candidate is construed as a reference to a person.(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 business referendum; and any person shall, before the business referendum, be entitled at all reasonable hours to inspect those lists or a copy of them.
Section 97 (disturbances at election meetings)	For subsection (2) substitute—(2) This section applies to a meeting in connection with a business referendum held during the campaign period.(2A) In subsection (2) “the campaign period” means the period between the last day on which notice of the business referendum may be published and the day before the date of the business referendum..
Section 100(1) and (2) (illegal canvassing by police officers)	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)
Section 111 (prohibition of paid canvassers)
Section 112 (providing money for illegal purposes)
Section 112A (handling of postal voting documents by political campaigners)	In subsection (7)—(a) omit paragraphs (a) to (d),(b) in paragraph (g) for “any of paragraphs (a) to (f)” substitute “paragraph (e) or (f)”, and(c) after paragraph (h) insert—“(i) a person involved in the conduct or management of a campaign conducted with a view to promoting or procuring a particular outcome in relation to the question to be asked in the relevant business referendum.”.In subsection (8), in the definition of “relevant election” (in which all references to “election” are modified to be construed as references to “business referendum” by regulation 17(6)(a))—(a) omit paragraph (a), and(b) in paragraph (b) for “local government election” substitute “business referendum”.
Section 113 (bribery)
Section 114 (treating)
Section 114A (undue influence)
Section 116 (rights of creditors)	Omit paragraphs (b) and (c).
Section 118 (interpretation of Part 2)
Section 119 (computation of time for purposes of Part 2)	In subsection (1)(b) after “disregarded” insert-“; and(c) in computing any period referred to in section 96(2) or 97(2A), as applied for the purposes of a business referendum under Schedule 4B to the Town and Country Planning Act 1990, any of the days so mentioned shall be disregarded.”
Section 167 (application for relief)	In subsection (1) omit the words “or an election court”.
Section 168 (prosecutions for corrupt practices)
Section 169 (prosecutions for illegal practices)
Section 170 (conviction of illegal practices on charge of corrupt practice etc)
Section 173 (incapacities)	In subsection (1)(a)(i) after “Great Britain” insert “or being named to vote or voting as a named voter in a business referendum”.
Section 175 (illegal payments etc)	Omit subsection (2).
Section 176 (time limit for prosecutions)
Section 177 (summary trial)	For “the election under the local government Act” substitute “the business referendum”;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)
Section 179 (offences by association)
Section 181 (Director of Public Prosecutions)
Section 185 (interpretation of Part 3)
Section 199B (translations of certain documents)	The reference to the requirements of a sample copy is construed as a reference to the requirements set out in the Neighbourhood Planning Business Referendums Rules.
Section 200(1A) and (2) (public notices, and declarations)
Section 202 (interpretation)	Before subsection (2) insert—(1A) Any term used in this Act which is defined in the Neighbourhood Planning (Referendums) Regulations 2012 shall have the meaning given to it by those Regulations.
Provision	Modification
---	---
Section 10 (pilot schemes for local elections in England and Wales)	In subsection (2)—(a) after “Representation of the People Acts”, insert “or the Town and Country Planning Act 1990”, and(b) in paragraph (c) for “candidates” substitute “any campaign organiser within the meaning of regulation 6”.
	In subsection (3)—(a) in paragraph (b) for “candidates” substitute “campaign organisers”, and(b) for “section 75(1) of the 1983 Act (restriction on third party election expenditure)” substitute “regulation 6”.
	Omit subsection (4).
	At the end of subsection (7)(a) insert “or the Town and Country Planning Act 1990”.
Provision	Modification
---	---
Section 6A (attendance of representatives of Commission at elections etc)	After subsection (1)(b) insert—cproceedings relating to a business 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—2AA representative of the Commission may also observe the working practices of a counting officer at a business 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)	After 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)	After 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)	“After subsection (4)(c) insert—(ca) in the case of any other proceedings at a business referendum under Schedule 4B to the Town and Country Planning Act 1990, the counting officer;”.
Provision	Modification
---	---
Section 42 (access to other election documents)	In subsection (1)(b) for “election documents” substitute “business 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 business 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 “business referendum documents are such documents relating to a business referendum”.
Section 46 (returning officers: correction of procedural errors)	Omit subsection (6).

(a) omit paragraphs (a)(i) and (ii) and (b);

Date by which referendum must be held

2A

• (1) The referendum must be held on or before the date prescribed in paragraph (2).

• (2) The date prescribed in this paragraph is—

• (a) where—

• (i) regulation 10 applies,

• (ii) regulation 16 applies, or

• (iii) regulation 17 applies,

the date which is the last day of the period of 84 days beginning with the day immediately following the day on which the decision that the referendum must be held is first published in accordance with paragraph 12(11) of Schedule 4B to the 1990 Act;

• (b) in all other cases, the date which is the last day of the period of 56 days beginning with the day immediately following the day on which that decision is first published in accordance with that paragraph.

• (3) Paragraph (1) does not apply where—

• (a) the local planning authority and the qualifying body agree that the referendum need not be held by the date prescribed in paragraph (2);

• (b) the poll at the referendum is taken on the same day as another poll in accordance with regulation 11 (whether or not the polls are taken together), provided that day is no later than the date 65 days from the date prescribed in paragraph (2);

• (c) proceedings for questioning the decision that the referendum must be held have been brought in accordance with section 61N(2) of the 1990 Act before the date prescribed in paragraph (2).

• (4) The days mentioned in paragraph (5) are to be disregarded in calculating any date referred to in this regulation.

• (5) The days mentioned in this paragraph are—

• (a) a Saturday or Sunday,

• (b) Christmas Eve, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in England, and

• (c) any day appointed as a day of public thanksgiving or mourning in England.

Question to be asked in a referendum

Information to be made available in relation to referendums

Restriction on publication etc of promotional material

General restriction on referendum expenses

Notional referendum expenses

Conduct of referendum: poll at referendum not taken together with poll at relevant election or referendum

Counting officer

Cross-boundary referendum areas and the Chief Counting Officer

Combination of polls: general

Combination of polls: conduct of referendum

Combination of polls: supplementary provisions relating to relevant elections

Advertisements

Non-domestic rating: premises used for referendum purposes

Referendums not arranged by the local planning authority

Business referendums

...

Refusal to deliver ballot paper

31A

• (1) Where a presiding officer refuses to deliver a ballot paper to a voter who applied for one other than as a proxy, the officer or a clerk must enter on the ballot paper refusal list—

• (a) the voter’s electoral number, and

• (b) against that number, the reason for the refusal.

• (2) Where a presiding officer refuses to deliver a ballot paper to a voter who applied for one as a proxy, the officer or a clerk must enter on the ballot paper refusal list—

• (a) the name and address of the voter, and

• (b) against those details, the reason for the refusal.

• (3) Paragraphs (4) and (5) apply where—

• (a) a presiding officer refuses to deliver a ballot paper to a voter or proxy under rule 27(1E), and

• (b) the voter or proxy makes a further application under rule 27(1).

• (4) If a ballot paper is delivered to the voter or proxy following a further application, the presiding officer or a clerk must note that fact on the ballot paper refusal list.

• (5) If the presiding officer again refuses to deliver a ballot paper to the voter or proxy, the presiding officer or a clerk must note that fact on the ballot paper refusal list.

• (6) Entries required by this rule to be made on the ballot paper refusal list must be made as soon as practicable after delivery of a ballot paper to a voter or proxy is refused (or, in the case mentioned in paragraph (4), as soon as practicable after the delivery of a ballot paper to a voter or proxy).

• (7) For the purposes of paragraph (1)(a), a person’s “electoral number” is the number—

• (a) allocated to the person as stated in the copy of the register of electors, or

• (b) where an entry relating to the person is added to the register in pursuance of a notice issued under section 13B(3B) or (3D) of the 1983 Act, as stated in the copy of that notice.

• (8) Subject to rule 27(1G) and paragraph (9), a refusal to deliver a ballot paper to a voter or proxy is final and may not be questioned in any proceeding whatsoever.

• (9) A refusal to deliver a ballot paper to a voter or proxy is subject to review in proceedings brought as mentioned in section 61N(3) of the 1990 Act.

• (10) In this rule—

• (a) except in paragraph (3)(a), any reference to the refusal to deliver a ballot paper (however expressed) is to the refusal to do so under rule 25(3) or 27(1E), and

• (b) any reference to paragraph (1E) or (1G) of rule 27 includes a reference to that paragraph as applied by rule 28, 29 or 30.

Spoilt ballot papers

Correction of errors on day of poll

Adjournment of poll in case of riot

Procedure on close of poll

Front of form

Rear of form

Front of form

Rear of form

Form 10A: Ballot paper refusal list

(b) after “local government election” and “local government elections” in each place they occur, insert “or referendum” or “or referendums” respectively;

Refusal to deliver ballot paper

31A

• (1) Where a presiding officer refuses to deliver a ballot paper to a voter who applied for one other than as a proxy, the officer or a clerk must enter on the ballot paper refusal list—

• (a) the voter’s electoral number, and

• (b) against that number, the reason for the refusal.

• (2) Where a presiding officer refuses to deliver a ballot paper to a voter who applied for one as a proxy, the officer or a clerk must enter on the ballot paper refusal list—

• (a) the name and address of the voter, and

• (b) against those details, the reason for the refusal.

• (3) Paragraphs (4) and (5) apply where—

• (a) a presiding officer refuses to deliver a ballot paper to a voter or proxy under rule 27(1E), and

• (b) the voter or proxy makes a further application under rule 27(1).

• (4) If a ballot paper is delivered to the voter or proxy following a further application, the presiding officer or a clerk must note that fact on the ballot paper refusal list.

• (5) If the presiding officer again refuses to deliver a ballot paper to the voter or proxy, the presiding officer or a clerk must note that fact on the ballot paper refusal list.

• (6) Entries required by this rule to be made on the ballot paper refusal list must be made as soon as practicable after delivery of a ballot paper to a voter or proxy is refused (or, in the case mentioned in paragraph (4), as soon as practicable after the delivery of a ballot paper to a voter or proxy).

• (7) For the purposes of paragraph (1)(a), a person’s “electoral number” is the number—

• (a) allocated to the person as stated in the copy of the register of electors, or

• (b) where an entry relating to the person is added to the register in pursuance of a notice issued under section 13B(3B) or (3D) of the 1983 Act, as stated in the copy of that notice.

• (8) Subject to rule 27(1G) and paragraph (9), a refusal to deliver a ballot paper to a voter or proxy is final and may not be questioned in any proceeding whatsoever.

• (9) A refusal to deliver a ballot paper to a voter or proxy is subject to review in proceedings brought as mentioned in section 61N(3) of the 1990 Act.

• (10) In this rule—

• (a) except in paragraph (3)(a), any reference to the refusal to deliver a ballot paper (however expressed) is to the refusal to do so under rule 25(3) or 27(1E), and

• (b) any reference to paragraph (1E) or (1G) of rule 27 includes a reference to that paragraph as applied by rule 28, 29 or 30.

Spoilt ballot papers

Correction of errors on day of poll

Adjournment of poll in case of riot

Procedure on close of poll

Front of form

Rear of form

Front of form

Rear of form

Form 11A: Ballot paper refusal list

Postal voting documents handed in to the counting officer

30A

• (1) Subject to paragraphs (2) and (3), the relevant officer must deliver to the counting officer—

• (a) any postal voting document handed in under rule 64(4)(a) before the close of the poll, and

• (b) the return of postal voting documents form completed in respect of it.

• (2) A postal voting document may only be delivered to the counting officer in accordance with paragraph (1) if the requirements of rule 27A are met and the document is not rejected in accordance with rule 30B or 30D.

• (3) Before delivering them to the counting officer in accordance with paragraph (1), the relevant officer must first make up into separate packets with a description of its contents written on each packet which is then sealed up—

• (a) the postal voting documents;

• (b) the return of postal voting documents forms for those postal voting documents.

Rejection of postal voting documents handed in to the counting officer

30B

• (1) The relevant officer must reject—

• (a) all postal voting documents handed in by P where P fails to fully complete the return of postal voting documents form with the required information;

• (b) all postal voting documents handed in by P other than P’s own postal voting documents where the relevant officer has reasonable cause to suspect that the documents are handed in on behalf of more than five other named voters;

• (c) a postal voting document handed in by P or all postal voting documents handed in together by P (other than P’s own postal voting documents) where the relevant officer has reasonable cause to suspect that, taking that document or those documents together with any postal voting documents handed in by P on any previous occasion in respect of the same business referendum, or in respect of an election or referendum for which the day of poll is the same as the referendum to which the documents relate (whether to a polling station or to the counting officer and disregarding any that were rejected), P has handed in postal voting documents on behalf of more than five other named voters.

• (2) Where P hands in one or more proxy postal ballot papers completed by P as proxy for another named voter, for “five” in paragraphs (1)(b) and (c), substitute the number that is five minus the number of proxy postal ballot papers P hands in.

• (3) The relevant officer may reject a postal voting document handed in by P where the relevant officer knows or has reasonable cause to suspect that, in handing in the document, P is committing an offence under section 112A of the 1983 Act.

Procedure for dealing with rejected postal voting documents handed in to the counting officer

30C

• (1) Where any postal voting document has been rejected in accordance with rule 30B the relevant officer must indicate this, together with the reason or reasons for the rejection and the relevant officer’s name, on the return of postal voting documents form and attach the form to the postal voting documents concerned.

• (2) The relevant officer must make up a packet (or packets) of the rejected postal voting documents and the accompanying return of postal voting documents forms which must be sealed up with a description of its contents written on each packet.

• (3) Where a return of postal voting documents form relates to postal voting documents which have not all been rejected, that form must be dealt with as if it related just to rejected postal voting documents, and the postal voting documents which have been rejected must be noted on it.

• (4) The relevant officer must deliver those packets to the counting officer before the close of the poll.

Postal voting documents left behind with the counting officer

30D

• (1) This rule applies to a postal voting document to which rule 64(4)(a) applies and which is a left behind postal voting document.

• (2) The relevant officer must—

• (a) reject the left behind postal voting document,

• (b) write on a return of postal voting documents form to confirm that the postal voting document is a left behind postal voting document,

• (c) write the relevant officer’s name on that form, and

• (d) attach that form to the left behind postal voting document.

• (3) Left behind postal voting documents and the attached return of postal voting documents forms must be included in the packet of rejected postal voting documents and forms made up in accordance with regulation 30C(2).

Opening of delivered or collected packets of postal voting documents

30E

• (1) Paragraph (2) applies to the packets of postal voting documents delivered to or collected by the returning officer in accordance with rule 27(3) or (4) or 30A(1).

• (2) Rules 28, 29(6), 31(1) and 32 apply to a packet to which this paragraph applies as if that packet were a postal voters’ ballot box.

Tendered ballot papers: general provisions

Refusal to deliver ballot paper

Spoilt ballot papers

Correction of errors on day of poll

Adjournment of poll in case of riot

Procedure on close of poll

Front of form

Rear of form

Front of form

Rear of form

Front of card

Rear of card

Front of card

Rear of card

Requirements of return of postal voting documents form

27A

The requirements of this rule are—

• (a) the person handing in a postal voting document (“P”) completes a form containing the following information (a “return of postal voting documents form”)—

• (i) P’s name and address,

• (ii) whether P is handing in P’s own postal voting documents,

• (iii) the number of other named voters for whom P is handing in postal voting documents,

• (iv) the total number of envelopes containing postal ballot papers P is handing in, including P’s own,

• (v) the reason P is handing in postal voting documents for other named voters,

• (vi) a declaration by P that P has not handed in postal voting documents at any polling station or to the counting officer for a total of more than the number of named voters other than P set out in rule 27B(1)(c) or 30B(1)(c), including those being handed in at that time and that to the best of P’s knowledge, P is not a political campaigner for whom it is an offence to handle the postal voting documents concerned in accordance with section 112A of the 1983 Act;

• (b) the relevant officer has endorsed the return of postal voting documents form returned by P to confirm the relevant officer’s name and that—

• (i) the relevant officer is satisfied that the form has been completed properly and provides the information required by paragraph (a),

• (ii) the relevant officer does not suspect that the number of named voters other than P for whom P is handing in postal voting documents exceeds the number of named voters specified in rule 27B(1)(b) or (c), or rule 30B(1)(b) or (c),

• (iii) the relevant officer does not suspect that P is a political campaigner who is committing an offence under section 112A of the 1983 Act, and

• (iv) the postal voting documents to which the form relates are not rejected.

Rejection of postal voting documents handed in at a polling station

27B

• (1) A relevant officer must reject—

• (a) all postal voting documents handed in by P where P fails to fully complete the return of postal voting documents form with the required information;

• (b) all postal voting documents handed in by P other than P’s own postal voting documents where the relevant officer has reasonable cause to suspect that the documents are handed in on behalf of more than five other named voters; and

• (c) a postal voting document handed in by P or all postal voting documents handed in together by P (other than P’s own postal voting documents) where the relevant officer has reasonable cause to suspect that, taking that document or those documents together with any postal voting documents handed in by P on any previous occasion in respect of the same referendum, or in respect of an election or referendum for which the day of poll is the same as the referendum to which the documents relate (whether at a polling station or to the counting officer and disregarding any that were rejected), P has handed in postal voting documents on behalf of more than five other named voters.

• (2) Where P hands in one or more proxy postal ballot papers completed by P as proxy for another named voter, for “five” in paragraphs (1)(b) and (c), substitute the number that is five minus the number of proxy postal ballot papers P hands in.

• (3) A relevant officer may reject a postal voting document handed in by P where the relevant officer knows or has reasonable cause to suspect that, in handing in the document, P is committing an offence under section 112A of the 1983 Act.

Procedure for dealing with rejected postal voting documents handed in at a polling station

27C

• (1) Where any postal voting document has been rejected in accordance with rule 27B the relevant officer must indicate this, together with the reason or reasons for the rejection and the relevant officer’s name, on the return of postal voting documents form and attach the form to the postal voting documents concerned.

• (2) The presiding officer must make up a packet (or packets) of the rejected postal voting documents and the accompanying return of postal voting documents forms, sealed with the presiding officer’s own seal and the seals of such polling observers as are present and desire to affix their seals with a description of its contents written on each packet.

• (3) Where a return of postal voting documents form relates to postal voting documents which have not all been rejected, that form must be dealt with as if it related just to rejected postal voting documents, and the postal voting documents which have been rejected must be noted on it.

• (4) The presiding officer must deliver, or cause to be delivered, to the counting officer, those packets in the same manner and at the same time as the presiding officer delivers, or causes to be delivered, to the counting officer, the packets referred to in rule 62.

Postal voting documents left behind at a polling station

27D

• (1) Where a person leaves a left behind postal voting document at a polling station, the relevant officer must reject that left behind postal voting document.

• (2) The relevant officer must—

• (a) write on a return of postal voting documents form to confirm that the postal voting document is a left behind postal voting document,

• (b) write the relevant officer’s name on that form, and

• (c) attach that form to the left behind postal voting document.

• (3) Left behind postal voting documents and the attached return of postal voting documents forms must be included in the packet of rejected postal voting documents and forms made up in accordance with rule 27C(2).

Notice of opening of postal ballot paper envelopes

Postal ballot boxes and receptacles

Receipt of covering envelope

Postal voting documents handed in to the counting officer

30A

• (1) Subject to paragraphs (2) and (3), the relevant officer must deliver to the counting officer—

• (a) any postal voting document handed in under rule 64(4)(a) before the close of the poll, and

• (b) the return of postal voting documents form completed in respect of it.

• (2) A postal voting document may only be delivered to the counting officer in accordance with paragraph (1) if the requirements of rule 27A are met and the document is not rejected in accordance with rule 30B or 30D.

• (3) Before delivering them to the counting officer in accordance with paragraph (1), the relevant officer must first make up into separate packets with a description of its contents written on each packet which is then sealed up—

• (a) the postal voting documents;

• (b) the return of postal voting documents forms for those postal voting documents.

Rejection of postal voting documents handed in to the counting officer

30B

• (1) The relevant officer must reject—

• (a) all postal voting documents handed in by P where P fails to fully complete the return of postal voting documents form with the required information;

• (b) all postal voting documents handed in by P other than P’s own postal voting documents where the relevant officer has reasonable cause to suspect that the documents are handed in on behalf of more than five other named voters;

• (c) a postal voting document handed in by P or all postal voting documents handed in together by P (other than P’s own postal voting documents) where the relevant officer has reasonable cause to suspect that, taking that document or those documents together with any postal voting documents handed in by P on any previous occasion in respect of the same business referendum, or in respect of an election or referendum for which the day of poll is the same as the referendum to which the documents relate (whether to a polling station or to the counting officer and disregarding any that were rejected), P has handed in postal voting documents on behalf of more than five other named voters.

• (2) Where P hands in one or more proxy postal ballot papers completed by P as proxy for another named voter, for “five” in paragraphs (1)(b) and (c), substitute the number that is five minus the number of proxy postal ballot papers P hands in.

• (3) The relevant officer may reject a postal voting document handed in by P where the relevant officer knows or has reasonable cause to suspect that, in handing in the document, P is committing an offence under section 112A of the 1983 Act.

Procedure for dealing with rejected postal voting documents handed in to the counting officer

30C

• (1) Where any postal voting document has been rejected in accordance with rule 30B the relevant officer must indicate this, together with the reason or reasons for the rejection and the relevant officer’s name, on the return of postal voting documents form and attach the form to the postal voting documents concerned.

• (2) The relevant officer must make up a packet (or packets) of the rejected postal voting documents and the accompanying return of postal voting documents forms which must be sealed up with a description of its contents written on each packet.

• (3) Where a return of postal voting documents form relates to postal voting documents which have not all been rejected, that form must be dealt with as if it related just to rejected postal voting documents, and the postal voting documents which have been rejected must be noted on it.

• (4) The relevant officer must deliver those packets to the counting officer before the close of the poll.

Postal voting documents left behind with the counting officer

30D

• (1) This rule applies to a postal voting document to which rule 64(4)(a) applies and which is a left behind postal voting document.

• (2) The relevant officer must—

• (a) reject the left behind postal voting document,

• (b) write on a return of postal voting documents form to confirm that the postal voting document is a left behind postal voting document,

• (c) write the relevant officer’s name on that form, and

• (d) attach that form to the left behind postal voting document.

• (3) Left behind postal voting documents and the attached return of postal voting documents forms must be included in the packet of rejected postal voting documents and forms made up in accordance with regulation 30C(2).

Opening of delivered or collected packets of postal voting documents

30E

• (1) Paragraph (2) applies to the packets of postal voting documents delivered to or collected by the returning officer in accordance with rule 27(3) or (4) or 30A(1).

• (2) Rules 28, 29(6), 31(1) and 32 apply to a packet to which this paragraph applies as if that packet were a postal voters’ ballot box.

Opening of postal voters’ ballot box

Opening of covering envelopes

Confirming receipt of postal voting statements

Procedure in relation to postal voting statements

Procedure in relation to postal voting statements: personal identifier verification

Postal voting statements: additional personal identifier verification

Opening of ballot paper envelopes

Retrieval of cancelled postal ballot papers

Lists of rejected postal ballot papers

Checking of lists kept under rule 39

Sealing of receptacles

Forwarding of documents

(c) in paragraph (a)(iv) and (c)(ii), after “those elections” insert “or referendums”