The Local Authorities (Conduct of Referendums)(England) Regulations 2012
- (3B) 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 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 shall be 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 person 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.
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A person must not be prevented from voting by reason only that—
- (a) any petition organiser or polling observer permitted to be present in accordance with rule 23(1) declares that he or she has reasonable cause to believe that the person has committed an offence of personation; or
- (b) the person is arrested on the grounds that he or she is suspected of committing or of being about to commit such an offence.
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- (1) Subject to rule 26(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 17(4)(d) beside the number of the ballot paper to be issued to him or her;
- (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 his or her 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—
- (i) was issued by the registration officer for the local authority in whose area the referendum is held, and
- (ii) contains the number—
- (aa) allocated to the voter or proxy as stated in the copy of the register of electors, or
- (bb) where an entry relating to the voter or proxy 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.
- (1J) Subject to paragraph (1K), a reference in this rule to a document that is a specified document is a reference to the document regardless of any expiry date relating to it.
- (1K) Paragraph (1J) does not apply to a temporary electoral identity document where the date of the poll for the referendum is after the date for which the document is issued.
- (1L) No person other than the presiding officer or a clerk may inspect a document produced as proof of a voter’s or proxy’s identity, except as permitted by the voter or proxy.
- (1M) References in this rule to producing a document are to producing it for inspection.
- (2) In the case of a voter who has an anonymous entry, that person must show the presiding officer his or her official poll card ....
- (3) In the case of a voter or proxy who is added to the register in pursuance of a notice issued under section 13B(3B) or (3D) of the 1983 Act , paragraph (1) is modified as follows—
- (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (b) in sub-paragraph (b), for “in the register” substitute “ on the copy of the notice issued under section 13B(3B) or (3D) of the 1983 Act ”;
- (c) in sub-paragraph (c), for “in the copy of the register of electors” substitute “ on the copy of the notice issued under section 13B(3B) or (3D) of the 1983 Act ”.
- (4) The voter or proxy, on receiving the ballot paper, must forthwith proceed into one of the compartments in the polling station and there secretly mark his or her paper and fold it up so as to conceal his or her vote, and must then show to the presiding officer the back of the paper, so as to disclose the number and other unique identifying mark, and put the ballot paper so folded up into the ballot box in the presiding officer's presence.
- (5) The voter or proxy must vote without undue delay, and must leave the polling station as soon as he or she has put his or her ballot paper into the ballot box.
- (5A) A voter or proxy who at the close of the poll is in the polling station, or in a queue outside the polling station, for the purpose of voting shall (despite the close of the poll) be entitled to apply for a ballot paper under paragraph (1); and these rules apply in relation to such a voter or proxy accordingly.
- (6) The same copy of the register of electors which is used under paragraph (1) for the referendum or, where paragraph (3) applies, the same copy of the notice issued under section 13B(3B) or (3D) of the 1983 Act, may be used for each relevant election or referendum, and—
- (a) one mark may be placed in that copy of the register or on that notice under paragraph (1)(c) or in the list of proxies under paragraph (1)(d) to denote that a ballot paper has been issued in respect of each election or referendum; but
- (b) where a ballot paper has not been issued in respect of a relevant election or referendum, a different mark must be placed in the copy of that register or, as the case may be, on that notice or in that list so as to identify each election or referendum in respect of which a ballot paper was issued.
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- (1) The presiding officer, on the application of a voter or proxy—
- (a) who is incapacitated by blindness or other disability from voting in the manner directed by these Rules; or
- (b) who declares orally that he or she is unable to read,
must, in the presence of the polling observers (if any), cause that person's vote to be marked on a ballot paper in the manner directed by that person, and the ballot paper to be placed in the ballot box.
- (2) The name and number on the register of electors of every person whose vote is marked in pursuance of this rule, and the reason why it is so marked, must be entered on a list (in these Rules called “the list of votes marked by the presiding officer”).
- (3) In the case of a person voting as proxy for a voter, the number to be entered together with the proxy's name shall be the number in the register of the voter.
- (4) 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, paragraph (2) applies as if for “on the register of electors of every person” there were substituted “ relating to every person in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act ”.
- (5) The same list may be used for the referendum and each relevant election or referendum and, where it is so used, an entry in that list shall be taken to mean that the ballot papers were so marked in respect of each election or referendum, unless the list identifies the election or referendum at which the ballot paper was so marked.
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- (1) If a voter or proxy makes an application to the presiding officer to be allowed, on the ground of—
- (a) blindness or other disability; or
- (b) inability to read,
to vote with the assistance of another person by whom he or she is accompanied (in these Rules referred to as “the companion”), the presiding officer must require the voter or proxy to declare, orally or in writing, whether he or she is so incapacitated by his or her blindness or other disability, or by his or her inability to read, as to be unable to vote without assistance.
- (2) Subject to paragraph (2A), if the presiding officer—
- (a) is satisfied that the voter or proxy is so incapacitated; and
- (b) is also satisfied by a written declaration made by the companion (in these Rules referred to as “the declaration made by the companion of a voter or proxy with disabilities”) that the companion—
- (i) is a qualified person within the meaning of this rule; and
- (ii) has not previously assisted more than one voter or proxy with disabilities to vote at the referendum,
the presiding officer must grant the application, and then anything which is by these Rules required to be done to or by that voter or proxy in connection with the giving of his or her vote may be done to, or with the assistance of, the companion.
- (2A) Paragraphs (1A) to (1M) of rule 28 apply in the case of a voter or proxy who applies under paragraph (a) as they apply in the case of a voter or proxy who applies under rule 28(1), but as if—
- (a) references to delivering a ballot paper to a voter or proxy were to granting a voter’s or proxy’s application, and
- (b) in rule 28(1G), the reference to paragraph (1) of rule 28 were to paragraph (1) of this rule.
- (3) For the purposes of these Rules, a person is a voter or proxy with disabilities if he or she has made such a declaration as is mentioned in paragraph (1), and a person is qualified to assist a voter or proxy with disabilities to vote if that person is aged 18 or over.
- (4) The name and number in the register of electors of every person whose vote is given in accordance with this rule and the name and address of the companion must be entered on a list (in these Rules referred to as “the list of voters and proxies with disabilities assisted by companions”).
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- (1) If a person, representing himself or herself to be—
- (a) a particular voter named on the register and not named in the absent voters list; or
- (b) a particular person named in the list of proxies as proxy for a voter and not entitled to vote by post as proxy,
applies for a ballot paper after another person has voted in person either as the voter or his or her proxy, the applicant shall, on satisfactorily answering the questions permitted by law to be asked at the poll, be entitled, subject to the provisions of rule 32, to mark a ballot paper (in these Rules referred to as “a tendered ballot paper”) in the same manner as any other voter.
- (2) Paragraph (4) applies if—
- (a) a person applies for a ballot paper representing himself or herself to be a particular voter named on the register;
- (b) he or she is also named in the postal voters list; and
- (c) he or she claims that he or she did not make an application to vote by post.
- (3) Paragraph (4) also applies if—
- (a) a person applies for a ballot paper representing himself or herself to be a particular person named as a proxy in the list of proxies;
- (b) he or she is also named in the proxy postal voters list; and
- (c) he or she claims that he or she did not make an application to vote by post as proxy.
- (4) The person shall, on satisfactorily answering the questions permitted by law to be asked at the poll, be entitled, subject to the provisions of rule 32, to mark a ballot paper (in these Rules referred to as a “tendered ballot paper”) in the same manner as any other voter.
- (5) Paragraph (6) applies if, before the close of the poll but after the last time at which a person may apply for a replacement postal ballot paper, a person represents himself or herself to be—
- (a) a particular voter named on the register who is also named in the postal voters list; or
- (b) a particular person named as a proxy in the list of proxies and who is also named in the proxy postal voters list,
and claims that he or she has lost or has not received his or her postal ballot paper.
- (6) The person shall, on satisfactorily answering the questions permitted by law to be asked at the poll, be entitled, subject to the provisions of rule 32, to mark a ballot paper (in these Rules referred to as a “tendered ballot paper”) in the same manner as any other voter.
- (7) Paragraphs (1A) to (1M) of rule 28 apply in the case of a person who seeks to mark a tendered ballot paper under this rule as they apply in the case of a voter or proxy who applies for a ballot paper under rule 28(1), but as if in rule 28(1G), the reference to making a further application under paragraph (1) of rule 28 were to seeking a further time to mark a tendered ballot paper under the paragraph of this rule under which a previous such attempt was made.
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- (1) A tendered ballot paper must—
- (a) be of a colour differing from that of the other ballot papers;
- (b) instead of being put into the ballot box, be given to the presiding officer and endorsed by him or her with the name of the person who has marked a tendered ballot paper and that person's number in the register of electors, and set aside in a separate packet.
- (2) The name of the person who has marked a tendered ballot paper and his or her number in the register of electors must be entered on a list (in these Rules referred to as the “tendered votes list”).
- (3) The same list may be used for the referendum and each relevant election or referendum and, where it is so used, an entry in that list shall be taken to mean that tendered ballot papers were marked in respect of each election or referendum, unless the list identifies the election or referendum at which a tendered ballot paper was marked.
- (4) In the case of a person voting as proxy for a voter, the number to be endorsed or entered together with the proxy's name shall be the number in the register of the voter.
- (5) In the case of a voter who has an anonymous entry, this rule and rule 31 apply subject to the following modifications—
- (a) in paragraphs (1)(b) and (2) above, the references to the name of the person who has marked a tendered ballot paper shall be ignored;
- (b) otherwise, a reference to a person named on a register or list shall be construed as a reference to a person whose number appears on the register or list (as the case may be).
- (6) 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, this rule and rule 31 shall apply as if—
- (a) in rule 31(1)(a), (2)(a) and (5)(a), for “named on the register” there were substituted “ in respect of whom a notice under section 13B(3B) or (3D) of the 1983 Act has been issued ”;
- (b) in paragraph (1)(b) of this rule, for “that person's number in the register of electors” there were substituted “ the number relating to him or her on a notice issued under section 13B(3B) or (3D) of the 1983 Act ”;
- (c) in paragraph (2) of this rule, for “his or her number in the register of electors” there were substituted “ the number relating to him or her on a notice issued under section 13B(3B) or (3D) of the 1983 Act ”.
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A voter or proxy who has inadvertently dealt with his or her ballot paper in such manner that it cannot be conveniently used as a ballot paper may, on delivering it to the presiding officer and proving to his or her satisfaction the fact of the inadvertence, obtain another ballot paper in the place of the ballot paper so delivered (in these Rules referred to as “a spoilt ballot paper”), and the spoilt ballot paper must be immediately cancelled.
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- (1) The presiding officer must keep a list of persons to whom ballot papers are delivered in consequence of an alteration to the register made by virtue of section 13B(3B) or (3D) of the 1983 Act which takes effect on the day of the poll.
- (2) The same list may be used for each relevant election or referendum and, where it is so used, an entry in that list shall be taken to mean that ballot papers were issued in respect of each election or referendum, unless the list identifies the election or referendum for which a ballot paper was issued.
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- (1) Where the proceedings at any polling station are interrupted or obstructed by riot or open violence, the presiding officer must adjourn the proceedings till the following day and must forthwith give notice to the relevant returning or counting officer.
- (2) Where the poll is adjourned at any polling station—
- (a) the hours of polling on the day to which it is adjourned must be the same as for the original day; and
- (b) references in these Rules to the close of the poll shall be construed accordingly.
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- (1) As soon as practicable after the close of the poll, the presiding officer must, in the presence of the polling observers appointed for the purposes of the referendum and the polling agents or observers appointed for the purposes of each relevant election or referendum, make up into separate packets, sealed with his or her own seal and the seals of such polling observers and agents as desire to affix their seals—
- (a) each ballot box in use at the station, sealed so as to prevent the introduction of additional ballot papers and unopened, but with the key, if any, attached;
- (b) the unused and spoilt ballot papers placed together;
- (c) the tendered ballot papers;
- (d) the marked copies of the register of electors (including any marked copy notices issued under section 13B(3B) or (3D) of the 1983 Act) and of the list of proxies;
- (da) the ballot paper refusal list completed in accordance with rule 32A;
- (e) the lists prepared under rule 8 including the parts which were completed in accordance with rule 28(1)(b) (together referred to in these Rules as “the completed corresponding number lists”);
- (f) the certificates as to employment on duty on the day of the poll;
- (g) the tendered votes list, the list of voters and proxies with disabilities assisted by companions, the list of votes marked by the presiding officer, a statement of the number of voters and proxies whose votes are so marked by the presiding officer under the heads “disability” and “unable to read”, the list maintained under rule 34 (correction of errors on day of poll) and the declarations made by the companions of voters and proxies with disabilities,
and must deliver the packets or cause them to be delivered to the relevant returning or counting officer to be taken charge of by that person; but if the packets are not delivered by the presiding officer personally to the relevant returning or counting officer, the arrangements for their delivery shall require that officer's approval.
- (2) The contents of the packets referred to in sub-paragraphs (b), (c) and (f) of paragraph (1) must not be combined with the contents of the packets made under the corresponding rule that applies at any relevant election or referendum; nor shall the statement prepared under paragraph (4) be so combined.
- (3) The marked copies of the register of electors and of the list of proxies must be in one packet but must not be in the same packet as the completed corresponding number lists or the certificates as to employment on duty on the day of the poll.
- (4) The packets must be accompanied by a statement (in these Rules referred to as “the ballot paper account”) made by the presiding officer showing the number of ballot papers entrusted to him or her, and accounting for them under the heads of ballot papers issued and not otherwise accounted for, unused, spoilt and tendered ballot papers.
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- (1) Where the counting officer at the referendum is the relevant returning or counting officer, he or she must—
- (a) make arrangements for—
- (i) discharging the functions under rule 38(1) in the presence of the counting observers appointed for the purposes of the referendum and the election agents and counting agents or observers appointed for the purpose of each relevant election or referendum as soon as practicable after the close of the poll; and
- (ii) thereafter counting the votes at the referendum in the presence of the counting observers appointed for the purpose of that referendum; and
- (b) give to the counting observers appointed for the purposes of the referendum and the election agents and counting agents or observers appointed for the purpose of each relevant election or referendum notice in writing of the time and place at which he or she will begin to discharge the functions under rule 38(1).
- (2) Where the counting officer at the referendum is not the relevant returning or counting officer, he or she must—
- (a) make arrangements for counting the votes in the presence of the counting observers as soon as practicable after the delivery of the ballot papers to him or her by the relevant returning or counting officer; and
- (b) give to the counting observers notice in writing of the time after which he or she will begin to count the votes if by then he or she has received the ballot papers and of the place at which that count will take place.
- (3) No person other than—
- (a) the counting officer and his or her clerks;
- (b) the counting observers;
- (c) the elected mayor, if any, of the council in respect of which the referendum is held;
- (d) the petition organisers; and
- (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,
may be present at the counting of the votes, unless permitted by the counting officer to attend.
- (4) No person other than a person entitled to be present at the counting of the votes at the referendum under paragraphs (4) to (13) of rule 38 or at a relevant election or referendum may be present at the proceedings under rule 38(1) unless permitted by the relevant returning or counting officer to attend.
- (5) A person not entitled to attend at—
- (a) the proceedings under rule 38(1); or
- (b) the counting of the votes,
must not be permitted to do so by, respectively, the relevant returning or counting officer or the counting officer unless he or she is satisfied that the efficient separation of the ballot papers or, as the case may be, the efficient counting of the votes will not be impeded.
- (6) The—
- (a) relevant returning or counting officer, in respect of proceedings under rule 38(1); and
- (b) counting officer, in respect of the counting of votes,
must give the counting observers all such reasonable facilities for overseeing the proceedings, and all such information with respect to them, as he or she can give them consistently with the orderly conduct of the proceedings and the discharge of his or her duties in connection with them.
- (7) In particular, where the votes are counted by sorting the ballot papers according to the answer for which the vote is given and then counting the number of ballot papers for each answer, the counting observers shall be entitled to satisfy themselves that the ballot papers are correctly sorted.
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- (1) Where the counting officer at the referendum is the relevant returning or counting officer, he or she must—
- (a) in the presence of the counting observers appointed for the purposes of the poll at the referendum and the election agents and counting agents or observers appointed for the purposes of the poll at each relevant election or referendum, open each ballot box and record separately the number of ballot papers used in each election;
- (b) in the presence of the counting observers appointed for the purposes of the poll at the referendum and the election agents and counting agents or observers appointed for the purposes of each relevant election or referendum, verify each ballot paper account;
- (c) count such of the postal ballot papers as have been duly returned and record separately the number counted at the referendum and each relevant election or referendum;
- (d) separate the ballot papers relating to the referendum from the ballot papers relating to each relevant election or referendum;
- (e) make up into packets the ballot papers for each relevant election or referendum and seal them up in separate containers endorsing on each a description of the area to which the ballot papers relate;
- (f) deliver or cause to be delivered to the returning or counting officer for the relevant election or referendum to which the ballot papers relate—
- (i) those containers, together with a list of them and of the contents of each; and
- (ii) the ballot paper accounts together with a copy of the statement as to the result of their verification in respect of that election; and
- (g) at the same time deliver or cause to be delivered to that officer packets that so relate containing—
- (i) the unused and spoilt ballot papers;
- (ii) the tendered ballot papers; and
- (iii) the certificates as to employment on duty on the day of the poll.
- (2) Where separate ballot boxes are used, no vote for any candidate or answer shall be rendered invalid by the ballot paper being placed in the ballot box intended for use at any relevant election or referendum.
- (3) After completion of the proceedings under paragraph (1), the counting officer must mix together all of the ballot papers used at the referendum and count the votes given on them.
- (4) Where the counting officer at the referendum is not the relevant returning or counting officer, he or she must—
- (a) on receipt of containers from the relevant returning or counting officer, and after the time specified in the notice given under rule 37(2)(b), in the presence of the counting observers open each container;
- (b) where the proceedings on the issue and receipt of postal ballot papers are not taken together with such proceedings at a relevant election or referendum under regulation 65 of the Representation of the People (England and Wales) Regulations 2001 , or under that regulation as applied by these Regulations or by regulations made under sections 44 and 105 of the Local Government Act 2000, count such of the postal ballot papers as have been duly returned and record the number counted; and
- (c) mix together the postal ballot papers and the ballot papers from all of the containers and count the votes given on them,
and paragraph (11) shall not apply to these proceedings.
- (5) A postal ballot paper must not be taken to be duly returned unless—
- (a) it is returned in the manner set out in paragraph (6) and reaches the relevant returning or counting officer or any polling station in the appropriate electoral area (as defined in paragraph (7)) before the close of the poll;
- (b) the postal voting statement, duly signed, is also returned in the manner set out in paragraph (6) and reaches the counting officer or such a polling station before that time;
- (c) the postal voting statement also states the date of birth of the voter or proxy; ...
- (d) in a case where steps for verifying the date of birth and signature of a voter or proxy have been prescribed by regulations made under the 1983 Act , the relevant returning or counting officer (having taken such steps) verifies that date of birth and that signature; and
- (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.
- (5A) A postal ballot paper or postal voting statement that reaches the relevant returning or counting officer or a polling station on or after the close of the poll is treated for the purposes of paragraph (5) 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.
- (6) The manner in which any postal ballot paper or postal voting statement may be returned—
- (a) to the relevant returning or counting officer, is by hand or by post;
- (b) to a polling station, is by hand.
- (7) The appropriate electoral area in respect of any voter or proxy shall be—
- (a) the area which is common to the parliamentary constituency , electoral area, ... local authority area or voting area (as the case may be) in which the polls at the referendum and any relevant election or referendum are being taken together; and
- (b) in respect of which polls the voter or proxy has been issued with a postal ballot paper.
- (8) In paragraphs (5)(a) and (d) and (6)(a) 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 or referendums.
- (9) The counting officer must not count any tendered ballot papers.
- (10) The—
- (a) relevant returning or counting officer, in respect of the proceedings under paragraph (1); and
- (b) the counting officer, while 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.
- (11) The relevant returning or counting officer must verify each ballot paper account by comparing it with the number of ballot papers recorded by him or her, and the unused and spoilt ballot papers in his or her 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.
- (12) The—
- (a) relevant returning or counting officer, in respect of the proceedings under paragraph (1); and
- (b) counting officer, in respect of the counting of the votes,
must so far as practicable proceed continuously, allowing only time for refreshment, except that they may exclude the hours between 7 in the evening and 9 on the following morning.
- (13) During the time so excluded the relevant returning or counting officer or counting officer (as the case may be) must—
- (a) place the ballot papers and other documents relating to the referendum under his or her own seal and the seals of such of the counting observers as desire to affix their seals; and
- (b) otherwise take proper precautions for the security of the papers and documents.
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- (1) A petition organiser, if present when the counting or any re-count of the votes is completed, may require the counting officer to have the votes re-counted or again re-counted, but the counting officer may refuse to do so if in his or her opinion the request is unreasonable.
- (2) No step shall be taken on the completion of the counting or any re-count of votes until such petition organisers as are present at its completion have been given a reasonable opportunity to exercise the right conferred by this rule.
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- (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 on the back and other unique identifying mark; or
- (d) which is unmarked or void for uncertainty,
shall, subject to paragraph (2), be void and not 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
- (c) by more than one mark,
shall not for such reason be deemed to be void if an intention that the vote shall be 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 he or she 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) 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;
- (c) writing or mark by which the voter or proxy could be identified;
- (d) unmarked or void for uncertainty.
41
The decision of the counting officer on any question arising in respect of a ballot paper shall be final, but shall be subject to review on a referendum petition.
42
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 counting officer must forthwith decide the referendum by lot.
43
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 authority by or in respect of which the referendum was held of the result of the referendum;
- (c) 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.
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; or
- (aa) the completed ballot paper refusal list; or
- (b) certificates as to employment on duty on the day of the poll.
- (3) The relevant returning or counting officer must not open the sealed packets of—
- (a) the completed corresponding number lists; or
- (b) the 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.
45
- (1) Where the counting officer is the relevant returning or counting officer, he or she 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 34, 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 they relate and the name of the local authority by which or in respect of which the referendum was held.
- (2) Where the counting officer at the referendum is not the relevant returning or counting officer, paragraph (1) has effect as if sub-paragraphs (c), (d) and (f) were omitted.
- (3) In this rule and in rules 46 and 47 references to the relevant registration officer are to—
- (a) the registration officer of the local authority by or in respect of which the referendum is held;
- (b) if the electoral area of the relevant election or referendum comprises any part of the area of more than one local authority, the registration officer of the local authority in whose area the greater or greatest (as the case may be) number of electors is registered,
and for these purposes “local authority” does not include the Greater London Authority.
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, 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 a referendum petition.
- (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 county court if satisfied by evidence on oath that the order is required for the purpose of a referendum petition.
- (2) An order 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 custody of the relevant registration officer may be made by an election court.
- (3) 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.
- (4) In making and carrying into effect an order for the opening of a 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 counted ballot papers, care must be taken that the way in which the vote of any particular person has been given shall not be disclosed until it has been proved—
- (a) that that person's 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 his or her possession relating to any specified referendum—
- (a) the production by the relevant registration officer or his or her agent of the document ordered in such manner as may be directed by that order shall be conclusive evidence that the document relates to the specified referendum; and
- (b) any endorsement on any packet of ballot papers so produced shall be 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,
shall be 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 shall 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.
47
The relevant registration officer must retain for one year all documents relating to a referendum forwarded to him or her in pursuance of these Rules by the relevant returning or counting officer and the 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.
48
Where at a contested election the notice of poll is countermanded, or the polling is abandoned, due to the death of a candidate, the polling at the referendum shall not be affected.
Note:—The forms contained in this Appendix may be adapted so far as circumstances require.
Form of Ballot Paper: Question in referendum as specified in paragraph 1 of Schedule 1
Form of Ballot Paper: Question in referendum as specified in paragraph 2 of Schedule 1
Form of Ballot Paper: Question in referendum as specified in paragraph 3 of Schedule 1
Form of Ballot Paper: Question in referendum as specified in paragraph 4 of Schedule 1
Form of Ballot Paper: Question in referendum as specified in paragraph 5 of Schedule 1
Form of Ballot Paper: Question in referendum as specified in paragraph 6 of Schedule 1
Corresponding Number List M1
Corresponding Number List M2
Form of Postal Voting Statement (for use where there is joint issue and receipt of postal ballot papers)
Form of Postal Voting Statement (for use when a referendum poll is combined with another poll but the postal ballot papers are not combined)
Official Poll Card (to be sent to a voter voting in person)
Official Postal Poll Card (to be sent to a voter voting by post)
Official Proxy Poll Card (to be sent to an appointed proxy voting in person)
Official Proxy Postal Poll Card (to be sent to an appointed proxy voting by post)
Form of directions for the guidance of the voters and proxies in voting
Form of Certificate of Employment
Declaration to be made by the companion of a voter or proxy with disabilities
(a) for “under the local government Act” substitute “ under the Local Authorities (Conduct of Referendums) (England) Regulations 2012 ”, and
In the definition of “petition” insert at the end “ or a referendum petition ”.
Editorial notes
[^c21169731]: 2000 c.22. Part 1A was inserted into the Local Government Act 2000 by Schedule 2 to the Localism Act 2011 (c.20). Section 105 was amended by paragraph 70 of Schedule 3 to the Localism Act 2011.
[^c21169741]: 1972 c.70.
[^c21169751]: 1983 c.2.
[^c21169761]: 1985 c.50.
[^c21169771]: 2000 c.22.
[^c21169781]: 2011 c.13.
[^c21169791]: S.I. 2011/2914.
[^c21169801]: S.I. 2001/ 341; amended by SI 2001/1700, 2002/1871, 2004/226, 2006/752 and 2006/2910.
[^c21169811]: S.I. 2004/294; amended by SI 2006/3278.
[^c21169831]: 1983 c.2; the definition of “local government election” was amended by paragraph 39 of Schedule 17 to the Greater London Authority Act 1999 (c.29).
[^c21169841]: S.I. 2007/1024.
[^c21169851]: 1990 c.42. Section 201, containing the definition of programme service, was amended by section 360 of and Schedule 19 to the Communications Act 2003 (c.21).
[^c21169891]: 1983 c.2; subsection (1) was amended by paragraph 11 of Schedule 16 to the Local Government Act 1985 (c.51).
[^c21169911]: 1999 c.29.
[^c21169921]: Section 89 was amended by paragraph 13 of Schedule 8 to the Representation of the People Act 1983 (c.2), section 19 of the Representation of the People Act 1985 (c.50) and Schedule 17 to the Local Government Act 1985 (c.51).
[^c21169931]: 2000 c.2. Schedule 4 was amended by paragraph 164 of Schedule 27 to the Civil Partnerships Act 2004 (c.33), and sections 5, 14, 35 and 38 of, and paragraphs 19, 20 and 137 of Schedule 1 to, the Electoral Administration Act 2006 (c.22).
[^c21169941]: S.I. 1960/543; amended by SI 1985/1278, 1999/1352 and 2003/972.
[^c21169951]: 1971 c.80.
[^c21169961]: S.I. 1992/666; as amended by paragraph 233 of Schedule 22 to the Environment Act 1995 (c.25) and S.I. 1994/2351, 1996/525, 1997/1810, 2001/1149, 2001/4050, 2003/2155 and 2005/3050.
[^c21169971]: 1988 c.41, to which there have been no relevant amendments.
[^c21169981]: S.I. 2007/2089
[^c21169991]: See the Representation of the People (England and Wales) Regulations 2001 S.I. 2001/341 (amended by S.I. 2001/1700, 2002/1871, 2004/226, 2006/752 and 2006/2910).
[^c21170001]: Section 13B of the 1983 Act was inserted by paragraph 3 of Schedule 2 to the Representation of the People Act 2000 (c.2) and amended by section 11(3) of the Electoral Administration Act 2006 (c.22). Subsections (3B) and (3D) of section 13B were inserted by section 11(4) of the Electoral Administration Act 2006 (c.22).
[^c21170011]: Subsections (1), (2) and (3) of section 66 of the 1983 Act were amended by paragraphs 69, 82, 86(b) and 96 of Schedule 1 to the Electoral Administration Act 2006 (c.22); subsection (6) was amended by paragraph 3 of Schedule 3 to the Representation of the People Act 1985 (c.50).
[^c21170021]: See regulation 84A of the Representation of the People (England and Wales) Regulations 2001 S.I. 2001/341 as amended by S.I. 2006/2910.
[^c21170231]: 1983 c.2
[^c21170241]: As amended by paragraph 12 of Schedule 4 to the Representation of the People Act 1985 (c.50) and paragraph 6 of Schedule 21 to the Political Parties, Elections and Referendums Act 2000 (c.41).
[^c21170251]: As amended by paragraph 14 of Schedule 4 to the Representation of the People Act 1985 (c.50).
[^c21170261]: 1983 c.2.
[^c21170271]: The existing section 13B was substituted (together with sections 13 and 13A) for section 13 as originally enacted by paragraph 6 of Schedule 1 to the Representation of the People Act 2000 (c.2); section 13B was amended by section 11 of the Electoral Administration Act 2006 (c.41).
[^c21170281]: Section 31 was amended by Schedule 17 to the Local Government Act 1985 (c.50), paragraph 2 of Schedule 3 to the Greater London Authority Act 1999 (c.29) and paragraph 108 of Schedule 1 to the Electoral Administration Act 2006 (c. 22).
[^c21170291]: Subsection 4 was amended by Schedule 17 to the Local Government Act 1985 (c.51).
[^c21170301]: Section 47 was amended by S.I. 1991/1728 and paragraph 6 of Schedule 21 to the Political Parties, Elections and Referendums Act 2000 (c.41).
[^c21170311]: Subsection (4A) was inserted by paragraph 7 of Schedule 1 to the Electoral Administration Act 2006 (c.22); subsection 5 was substituted by S.I. 1995/1948 and amended by paragraph 12 of Schedule 1 to the Representation of the People Act 2000 (c.2).
[^c21170321]: Section 61 was amended by paragraph 2 of Schedule 2, and Schedule 5, to the Representation of the People Act 1985 (c. 50), paragraph 10 of Schedule 3 to the Greater London Authority Act 1999 (c.29), paragraph 83 of Schedule 27 to the Civil Partnership Act 2004 (c.33) and section 38(3) of the Electoral Administration Act 2006 (c.22).
[^c21170331]: Section 62A was inserted by section 40 of the Electoral Administration Act 2006 (c.22).
[^c21170341]: The existing section 63 was substituted by paragraph 19 of Schedule 4 to the Representation of the People Act 1985 (c.50) and amended by S.I. 2001/1149, sections 7, 41(8) and 46(6) of the Electoral Administration Act 2006 (c.22) and sections 25(a) and 39 of and Schedule 7 to the Political Parties and Elections Act 2009 (c.12).
[^c21170351]: Section 65 was amended by paragraph 2 of Schedule 3 to the Representation of the People Act 1985 (c.50) and paragraphs 72 and 96 of Schedule 1 to the Electoral Administration Act 2006 (c.22)
[^c21170361]: Section 66 was amended by paragraph 3 of Schedule 3 to the Representation of the People Act 1985 (c.50), paragraph 11 of Schedule 3 to the Greater London Authority Act 1999 (c.29) and paragraphs 82, 86 and 96 of Schedule 1 to the Electoral Administration Act 2006 (c.22).
[^c21170371]: Section 66A was inserted by paragraphs 3 and 6 of Schedule 6 to the Representation of the People Act 2000 (c.2)
[^c21170381]: Section 92 was amended by paragraph 35 of Schedule 20 to the Broadcasting Act 1990 (c.42) and paragraph 61 of Schedule 17 to the Communications Act 2003 (c.21).
[^c21170391]: Section 94 was amended by paragraph 36 of Schedule 4 to the Representation of the People Act 1985 (c.50).
[^c21170401]: The existing section 96 was substituted for section 96 as originally enacted by paragraph 38 of Schedule 4 to the Representation of the People Act 1985 (c.50) and amended by paragraph 11 of Schedule 30 to the School Standards and Framework Act 1998 (c.31) and paragraph 29 of Schedule 3 to the Greater London Authority Act 1999 (c.29).
[^c21170411]: Section 97 was amended by paragraph 39 of Schedule 4 to the Representation of the People Act 1985 (c.50) and Part 1 of Schedule 7 to the Police and Criminal Evidence Act 1984 (c.60).
[^c21170421]: Subsection (2) was amended by paragraph 5 of Schedule 3 to the Representation of the People Act 1985 (c.50).
[^c21170431]: The existing section 110 was substituted for section 110 as originally enacted by paragraph 14 of Schedule 18 to the Political Parties, Elections and Referendums Act 2000 (c.41).
[^c21170441]: Section 113 was amended by paragraph 30 of Schedule 3 to the Greater London Authority Act 1999 (c.29).
[^c21170461]: Section 118 was amended by paragraph 43 of Schedule 4 to the Representation of the People Act 1985 (c.50), section 135 of and paragraph 15 of Schedule 18 to the Political Parties, Elections and Referendums Act 2000 (c.41) and paragraphs 119 and 133 of Schedule 1 to the Electoral Administration Act 2006 (c.22).
[^c21170471]: Section 119 was amended by section 19(4) of the Representation of the People Act 1985 (c.50) and paragraph 49 and 51(1) of Schedule 1 to the Electoral Administration Act 2006 (c.22).
[^c21170481]: Section 167 was amended by paragraph 56 of Schedule 4 to the Representation of the People Act 1985 (c.50) and paragraph 18 of Schedule 18 to the Political Parties, Elections and Referendums Act 2000 (c.41).
[^c21170491]: Section 168 was amended by paragraph 8 of Schedule 3 and paragraph 57 of Schedule 5 to the Representation of the People Act 1985 (c.50) and paragraph 121 of Schedule 1 to the Electoral Administration Act 2006 (c.22).
[^c21170501]: Section 169 was amended by paragraph 9 of Schedule 3 to the Representation of the People Act 1985 (c.50).
[^c21170511]: The existing section 173 was substituted for section 173 as originally enacted by section 136 of the Political Parties, Elections and Referendums Act 2000 (c.41).
[^c21170521]: Section 174 was amended by paragraph 18 of Schedule 18 to the Political Parties, Elections and Referendums Act 2000 (c. 41).
[^c21170531]: Section 175 was amended by paragraph 10 of Schedule 3 to Representation of the People Act 1985 (c.50) and paragraph 6 of Schedule 21 to the Political Parties, Elections and Referendums Act 2000 (c.41).
[^c21170541]: The existing section 178 was substituted for section 178 as originally enacted by paragraph 62 of Schedule 4 to the Representation of the People Act 1985 (c.50).
[^c21170551]: Subsection (1) was amended by paragraph 63 of Schedule 4 to the Representation of the People Act 1985 (c.50).
[^c21170561]: Section 185 was amended by paragraph 10 of Schedule 17 to the Political Parties, Elections and Referendums Act 2000 (c. 41) and paragraphs 86 and 87 of Schedule 6 to the Licensing Act 2003 (c.17).
[^c21170571]: Section 199B was inserted by section 36 of the Electoral Administration Act 2006 (c.22).
[^c21170581]: Subsection (1A) together with existing subsection (1) were substituted for subsection (1) as originally enacted by paragraph 68 of Schedule 4 to the Representation of the People Act 1985 (c.50).
[^c21170591]: Section 202 was amended by Part 1 of Schedule 2 and paragraph 70 of Schedule 4 to the Representation of the People Act 1985 (c.50), the Statute Law (Repeals) Act 1983 (c.50), S.I. 1995/1948, the Schedule to the Law Officers Act 1997 (c.60), paragraph 38 of Schedule 3 to the Greater London Authority Act 1999 (c.29), paragraph 22 of Schedule 1 and paragraphs 3 and 9 of Schedule 6 to the Representation of the People Act 2000 (c.2), paragraph 19 of Schedule 18 and paragraph 6 of Schedule 21 to the Political Parties, Elections and Referendums Act (c.41), SI 2001/1149 and section 73 and paragraphs 13, 76 and 128 of Schedule 1 to the Electoral Administration Act 2006 (c.22).
[^c21170601]: 1985 (c.50).
[^c21170611]: The European Assembly to which section 15 as originally enacted referred was renamed the European Parliament by section 3 of the European Communities (Amendment) Act 1986 (c.58); section 15 was amended by paragraph 7 of Schedule 7 to the Local Government Act 2003 (c.26) and section 3(2) of the Elections Act 2001 (c.7).
[^c21170621]: 2000 (c.2).
[^c21170631]: Section 10 was amended by paragraph 16 of Schedule 21 to the Political Parties, Elections and Referendums Act 2000 (c.41)
[^c21170641]: Schedule 4 was amended by paragraph 164 of Schedule 27 to the Civil Partnerships Act 2004 (c.33), and section 5, 14, 35 and 38 of, and paragraphs 19, 20 and 137 of Schedule 1 to, the Electoral Administration Act 2006 (c.22).
[^c21170651]: 2000 (c. 41). All the provisions mentioned in this table were inserted by section 29 of the Electoral Administration Act 2006 (c. 22).
[^c21170661]: 2006 (c.22).
[^c21170671]: SI 2001/341; as amended by SI 2001/1700, 2002/1871, 2004/226, 2005/2114, 2006/752, 2006/1694, 2006/2910, 2007/1025, 2008/1901/ 2009/1182, 2010/231/2010/882, 2011/2085 and by paragraph 9 of Schedule 1 to the Counter-Terrorism Act 2008 (c. 28) and Part 3 of Schedule 4 to the Parliamentary Voting System and Constituencies Act 2011 (c.1).
[^c21170681]: As amended by SI 2001/1700, 2002/1871 and 2006/2910.
[^c21170691]: As amended by SI 2006/2910.
[^c21170701]: As amended by SI 2002/1871 and 2006/2910.
[^c21170711]: As amended by SI 2006/2910.
[^c21170721]: As amended by SI 2006/2910.
[^c21170731]: As amended by SI 2006/752 and 2006/2910.
[^c21170741]: Inserted by SI 2006/752 and amended by SI 2006/2910.
[^c21170751]: Inserted by SI 2006/2910.
[^c21170761]: Inserted by SI 2006/752 and amended by SI 2006/2910.
[^c21170771]: Substituted by S.I. 2006/752 and amended by SI 2006/2910.
[^c21170791]: Amended by SI 2006/752 and 2006/2910.
[^c21170801]: Inserted by 2006/2910.
[^c21170811]: Amended by SI 2006/2910.
[^c21170821]: Amended by SI 2006/2910.
[^c21170831]: Amended by SI 2006/2910.
[^c21170841]: Amended by SI 2006/2910.
[^c21170851]: Amended by SI 2002/1871, 2006/752 and 2006/2910.
[^c21170861]: Amended by SI 2006/2910.
[^c21170871]: Amended by SI 2006/2910.
[^c21170881]: Amended by SI 2006/2910.
[^c21170891]: Amended by SI 2006/752 and 2006/2910.
[^c21170901]: Amended by SI 2006/752 and 2006/2910.
[^c21170921]: Amended by SI 2006/2910.
[^c21170931]: Amended by SI 2006/2910.
[^c21170941]: Inserted by SI 2006/2910.
[^c21170961]: Inserted by SI 2006/2910.
[^c21170981]: Inserted by SI 2006/2910.
[^c21170991]: Inserted by SI 2006/2910.
[^c21171001]: Amended by SI 2006/752 and 2006/2910.
[^c21171011]: Inserted by SI 2006/2910 and amended by SI 2008/1901.
[^c21171021]: Inserted by SI 2006/2910 and amended by paragraph 8 of Schedule 1 to the Counter-Terrorism Act 2008.
[^c21171031]: Inserted by SI 2006/2910 and amended by paragraph 9 of Schedule 1 to the Counter-Terrorism Act 2008.
[^c21171051]: S.I. 2004/294; as amended by SI 2006/3278.
[^c21171061]: For the meaning of “parliamentary constituency”, see section 1 of the Parliamentary Constituencies Act 1986 (c.56).
[^c21171071]: See the Representation of the People (England and Wales) Regulations 2001 S.I. 2001/341 as amended by SI 2002/1871, 2006/752 and SI 2006/2910.
[^c21171081]: Section 13B of the 1983 Act was inserted by paragraph 3 of Schedule 2 to the Representation of the People Act 2000 (c.2) and amended by section 11(3) of the Electoral Administration Act 2006 (c.22). Subsections (3B) and (3D) of section 13B were inserted by section 11(4) of the Electoral Administration Act 2006 (c.22).
[^c21171111]: Subsections (1), (2) and (3) of section 66 of the 1983 Act were amended by paragraphs 69, 82, 86(b) and 96 of Schedule 1 to the Electoral Administration Act 2006 (c.22); subsection (6) was amended by paragraph 3 of Schedule 3 to the Representation of the People Act 1985 (c.50).
[^c21171121]: See regulation 84A of the Representation of the People (England and Wales) Regulations 2001 S.I. 2001/341 as amended by S.I. 2006/2910.
[^c21171131]: Sections 6A to 6F of the Political Parties, Elections and Referendums Act 2000 (c.41) were inserted by section 29 of the Electoral Administration Act 2006 (c.22).
[^c21171141]: Section 13B of the 1983 Act was inserted by paragraph 3 of Schedule 2 to the Representation of the People Act 2000 (c.2) and amended by section 11(3) of the Electoral Administration Act 2006 (c.22). Subsections (3B) and (3D) of section 13B were inserted by section 11(4) of the Electoral Administration Act 2006 (c.22).
[^c21171151]: S.I. 2001/341.
[^c21171161]: See Regulations 85 and 85A of the Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341), which were inserted by S.I. 2006/2910.
[^c21171171]: For the meaning of “parliamentary constituency”, see section 1 of the Parliamentary Constituencies Act 1986 (c.56).
[^c21171401]: 1983 (c.2); section 128 was amended by paragraph 12 of Schedule 1 to the Electoral Administration Act 2006 (c.22).
[^c21171411]: Section 130 was amended by paragraph 50 of Schedule 10 to the Courts and Legal Services Act 1990 (c. 41), paragraph 2 of Schedule 17 to the Political Parties, Elections and Referendums Act 2000 (c.41) and paragraph 14 of Schedule 10 to the Tribunals, Courts and Enforcement Act 2007 (c.7).
[^c21171421]: Section 136 was amended by paragraph 48 of Schedule 4 to the Representation of the People Act 1985 (c.50) and paragraph 19 of Schedule 18 to the Political Parties, Elections and Referendums Act 2000 (c.41).
[^c21171431]: The existing section 137 was substituted for section 137 as originally enacted by paragraph 3 of Schedule 17 to the Political Parties, Elections and Referendums Act 2000 (c.41).
[^c21171441]: Section 138 was amended by paragraph 4 of Schedule 17 to the Political Parties, Elections and Referendums Act 2000 (c.41).
[^c21171451]: Section 140 was amended by paragraph 49 of Schedule 4 to the Representation of the People Act 1985 (c.50).
[^c21171461]: Section 141 was amended by paragraph 50 of Schedule 4 to the Representation of the People Act 1985 (c.50) and paragraph 84 of Schedule 27 to the Civil Partnership Act 2004 (c.33).
[^c21171471]: Section 145 was amended by paragraph 33 of Schedule 3 to the Greater London Authority Act 1999 (c.29)
[^c21171481]: Section 156 was amended by paragraph 51 of Schedule 4 to the Representation of the People Act 1985 (c.50) and paragraphs 48 and 50 of the Legal Services Act 2007 (c.29)
[^c21171491]: Section 157 was amended by paragraph 6 of Schedule 17 to the Political Parties, Elections and Referendums Act 2000 (c. 41) and paragraph 28 of Schedule 11 to the Constitutional Reform Act 2005 (c.5).
[^c21171501]: Subsection (1) was amended by paragraph 52 of Schedule 4 to the Representation of the People Act 1985 (c.50), and the present subsection (3) was substituted for subsection (3) as originally enacted by that paragraph.
[^c21171511]: Section 161 was amended by paragraph 53 of Schedule 4 and Schedule 5 to the Representation of the People Act 1985 (c.50) and paragraph 149 of Schedule 4 to the Constitutional Reform Act 2005 (c.5).
[^c21171521]: Section 163 was amended by paragraph 55 of Schedule 4 to the Representation of the People Act 1985 (c.50).
[^c21171531]: Section 167 was amended by paragraph 56 of Schedule 4 to the Representation of the People Act 1985 (c.50) and paragraph 18 of Schedule 18 to the Political Parties, Elections and Referendums Acts 2000 (c.41).
[^c21171541]: Section 183 was amended by paragraph 28 of Schedule 11 to the Constitutional Reform Act 2005 (c.5).
[^c21171551]: Section 184 was amended by paragraph 19 of Schedule 18 to the Political Parties, Elections and Referendums Act 2000 (c. 41), SI 2001/1149 and paragraphs 116 and 118 of Schedule 12 to the Postal Services Act 2011 (c.5).
[^c21171561]: Section 185 was amended by paragraph 10 of Schedule 17 to the Political Parties, Elections and Referendums Act 2000 (c. 41) and paragraphs 86 and 87 of Schedule 6 to the Licensing Act 2003 (c.17).
[^c21171571]: Amended by S.I. 1985/1278.
[^c21171581]: Amended by S.I. 1985/1278.
[^c21171591]: Amended by S.I. 1985/1248.
[^c21171601]: Amended by S.I. 1985/1278.
[^c21171611]: Amended by S.I. 1999/1352.
[^c21171621]: Amended by S.I. 1999/1352.
[^c21171631]: Amended by S.I. 1999/1352.
[^c21171641]: Amended by S.I. 1985/1278.
[^c21171651]: Amended by S.I. 1985/1352.
[^key-00ad7cea2ab8c0ee25a4c24f69e3325b]: Reg. 2(1) modified (3.8.2012) by The Neighbourhood Planning (Referendums) Regulations 2012 (S.I. 2012/2031), regs. 1, 8, 12, 13, Sch. 4 para. 32
[^key-026b931348623d85ba31b77078fa251b]: Words in Sch. 4 Table 6 inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023 (S.I. 2023/1225), reg. 6(3)(b)(ii)
[^key-04c39cd22fa1414e5d303920fa459d52]: Sch. 3 rule 24(5) inserted (16.1.2023) by The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 48(7)(e) (with reg. 1(6)(7))
[^key-09c524d3ba156bf12a22df98124f11a4]: Words in Sch. 4 Table 6 inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023 (S.I. 2023/1225), reg. 6(3)(b)(iv)
[^key-0d91e76f6c8264982de16008fff7a92f]: Words in Sch. 4 Table 6 inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023 (S.I. 2023/1225), reg. 6(3)(b)(v)
[^key-1002fd844143f39cebd83c4e96b090e2]: Words in Sch. 5 Pt. 8 list of forms inserted (16.1.2023) by The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 50(17)(a) (with reg. 1(6)(7))
[^key-115c68b42551ed9da40cea7fc5b11f6d]: Words in Sch. 4 Table 1 inserted (16.1.2023) by The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 49(2) (with reg. 1(6)(7))
[^key-132ccddd55fea667feb0728d98553012]: Sch. 5 rule 17(6)(b) substituted (29.12.2022) by The Assistance with Voting for Persons with Disabilities (Amendments) Regulations 2022 (S.I. 2022/1309), regs. 1(3), 8(3)(a)(i) (with reg. 1(4))
[^key-1493ad38eff6bf2db61759979490db78]: Sch. 3 rule 17(5A) inserted (29.12.2022) by The Assistance with Voting for Persons with Disabilities (Amendments) Regulations 2022 (S.I. 2022/1309), regs. 1(3), 8(2)(a)(ii) (with reg. 1(4))
[^key-14ca4ffcdd61b54d97c8c469f06da293]: Reg. 11 modified (3.8.2012) by The Neighbourhood Planning (Referendums) Regulations 2012 (S.I. 2012/2031), regs. 1, 8, 12, 13, Sch. 4 para. 34
[^key-158bf8a3f5ec2f6c0cec150205b051e8]: Sch. 3 rule 42(2)(ba) inserted (16.1.2023) by The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 48(14) (with reg. 1(6)(7))
[^key-1ce4eec06d49029377c6ef19bb36fad1]: Words in Sch. 4 Table 1 inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023 (S.I. 2023/1225), reg. 6(3)(a)(ii)
[^key-1df09543b93896fa257858e7a453a22a]: Sch. 3 rule 21(1)(ba) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023 (S.I. 2023/1225), reg. 6(2)(a)
[^key-1df72eee8417352f9b33301aaa5ba1f8]: Sch. 3 rule 26(1)(a) omitted (16.1.2023) by virtue of The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 48(8)(a)(ii) (with reg. 1(6)(7))
[^key-200eaa57d6d9e3efcf527bab99dd3518]: Sch. 3 rule 30A inserted (16.1.2023) by The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 48(12) (with reg. 1(6)(7))
[^key-2288563ea02e81d3feecf61b19f2d468]: Sch. 3 Pt. 8 Forms modified (temp.) (31.1.2024) by S.I. 2023/1147, Sch. 2 para. 13(4)(5) (as inserted by The Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2024 (S.I. 2024/99), regs. 1(1), 2(4))
[^key-23c98cef299c7472cbb7f8f72714aa40]: Words in Sch. 3 rule 24(1)(b) inserted (31.1.2024) by The Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023 (S.I. 2023/1147), regs. 1(3)(b), 15(3)(a) (with Sch. 2 paras. 10, 11(1))
[^key-23db26d327f16a0931a6007b520c85d1]: Word in Sch. 4 Table 2 omitted (31.12.2020) by virtue of The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018 (S.I. 2018/1310), reg. 1, Sch. 2 para. 10(a) (as amended by S.I. 2019/1389, regs. 1, 2(2))
[^key-25c8c958d87eb5be3876b812071191ce]: Sch. 5 rule 17(10) substituted (6.4.2014) by The Local Authorities (Conduct of Referendums) (England) (Amendment) Regulations 2014 (S.I. 2014/924), regs. 1(3), 13 (with reg. 1(4))
[^key-2a91482f8095ace4163188dfa53d3fe9]: Sch. 3 rule 19(2) inserted (6.4.2014) by The Local Authorities (Conduct of Referendums) (England) (Amendment) Regulations 2014 (S.I. 2014/924), regs. 1(3), 5 (with reg. 1(4))
[^key-2b591ce958ae9f5b9c0936c98b8a620f]: Sch. 3 Pt. 8 Forms substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023 (S.I. 2023/1225), Sch. 4 Pt. 1
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