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

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

Q No	Person applying for ballot paper	Question
1	A person applying as a voter	(za)—What is your name?
		(zb)—What is your address?
		(a)—Are you the person registered in the register of local government electors for this voting area as follows?(read the whole entry from the register) [R]
		(b)—Have you already voted here or elsewhere at this referendum, otherwise than as proxy for some other person? [R]
2	A person applying as proxy	(za)—What is your name?
		(zb)—What is your address?
		(a)—Are you the person whose name appears as AB in the list of proxies for this voting area as entitled to vote as proxy on behalf of CD? [R]
		(b)—Have you already voted here or elsewhere at this referendum as proxy on behalf of CD? [R]
		(c)—Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this referendum or any other election or referendum for which the day of poll is today, whether here or elsewhere in this voting area or anywhere else in England, on behalf of four or more voters? [R]
		(d)—If the person answers question (c) in the negative: “Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this referendum or any other election or referendum for which the day of poll is today, whether here or elsewhere in this voting area or anywhere else in England, on behalf of two or more voters?” [R]
		(e)—If the person answers question (d) in the affirmative: “Were two or more of the voters on whose behalf you have voted in this referendum, or any other election or referendum for which the day of poll is today, registered in a register of electors otherwise than in pursuance of a service declaration?” [R]
		(f)—If the person answers question (e) in the affirmative: “Is the voter (or are the voters) for whom you are voting today registered in a register of electors otherwise than in pursuance of a service declaration?” [R]
3	A person applying as proxy for a voter who has an anonymous entry (instead of the questions at entry 2)	(za)—What is your name?
		(zb)—What is your address?
		(a)—Are you the person entitled to vote as proxy on behalf of the voter whose number on the register of electors is (read out the number)? [R]
		(b)—Have you already voted here or elsewhere as proxy on behalf of the voter whose number on the register of electors is (read out the number)? [R]
		(c)—Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this referendum or any other election or referendum for which the day of poll is today, whether here or elsewhere in this voting area or anywhere else in England, on behalf of four or more voters? [R]
		(d)—If the person answers question (c) in the negative: “Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this referendum or any other election or referendum for which the day of poll is today, whether here or elsewhere in this voting area or anywhere else in England, on behalf of two or more voters?” [R]
		(e)—If the person answers question (d) in the affirmative: “Were two or more of the voters on whose behalf you have voted in this referendum, or any other election or referendum for which the day of poll is today, registered in a register of electors otherwise than in pursuance of a service declaration?” [R]
		(f)—If the person answers question (e) in the affirmative: “Is the voter (or are the voters) for whom you are voting today registered in a register of electors otherwise than in pursuance of a service declaration?” [R]
. . .	. . .	. . .
5	A person applying as a voter in relation to whom there is an entry in the postal voters list	(za)—What is your name?
		(zb)—What is your address?
		(a)—Did you apply to vote by post?
		(b)—Why have you not voted by post?
6	A person applying as proxy who is named in the proxy postal voters list	(za)—What is your name?
		(zb)—What is your address?
		(a)—Did you apply to vote by post as proxy?
		(b)—Why have you not voted by post as proxy?

• (2) In the case of a person in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act, the references in the questions at entries 1(a) and 3(a) and (b) to reading from the register shall be taken as references to reading from the notice issued under section 13B(3B) or (3D) of the 1983 Act.

• (2A) Where a clerk—

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

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

• (c) decides that the person has failed to answer the question satisfactorily,

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

• (3) Where the presiding officer—

• (a) gives the person the required information,

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

• (c) decides that the person has failed to answer the question satisfactorily,

the officer must refuse to deliver a ballot paper to the person (and see rule 30A for the procedure where a ballot paper is refused under this paragraph).

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

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

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

• (3B) In the case of a 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.

Challenge of voter or proxy

25

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

• (a) any polling observer permitted to be present in accordance with rule 21(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.

Voting procedure

26

• (1) Subject to rule 24(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(3)(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 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.

• (6) 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.

Votes marked by presiding officer

27

• (1) Subject to paragraph (1A), 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.

• (1A) Paragraphs (1A) to (1M) of rule 26 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 26(1), but as if—

• (a) references to delivering a ballot paper to a voter or proxy were to causing a voter’s or proxy’s vote to be marked on a ballot paper, and

• (b) in rule 26(1G), the reference to paragraph (1) of rule 26 were to paragraph (1) of this rule.

• (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”). 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.

• (3) 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 ”.

Voting by persons with disabilities

28

• (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 26 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 26(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 26(1G), the reference to paragraph (1) of rule 26 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 voter 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 or proxies with disabilities assisted by companions”). 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.

• (5) 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 (4) applies as if for “in 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 ”.

• (6) The declaration made by the companion of a voter or proxy with disabilities—

• (a) must be in the form in the Appendix,

• (b) must be made before the presiding officer at the time when the voter or proxy applies to vote with the assistance of a companion, and

• (c) must forthwith be given to the presiding officer who must attest and retain it.

• (7) No fee or other payment shall be charged in respect of the declaration.

Tendered ballot papers: circumstances where available

29

• (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 30, to mark a ballot paper (in these Rules referred to as “a tendered ballot paper”) in the same manner as any other voter or proxy.

• (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 at the referendum.

• (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 30, to mark a ballot paper (in these Rules referred to as a “tendered ballot paper”) in the same manner as any other voter or proxy.

• (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 30, to mark a ballot paper (in these Rules referred to as a “tendered ballot paper”) in the same manner as any other voter or proxy.

• (7) Paragraphs (1A) to (1M) of rule 26 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 26(1), but as if in rule 26(1G), the reference to making a further application under paragraph (1) of rule 26 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.

Tendered ballot papers: general provisions

30

• (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) 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.

• (4) In the case of a voter who has an anonymous entry, this rule and rule 29 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 in the register or list (as the case may be).

• (5) 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 29 shall apply as if—

• (a) in rule 29(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 ”.

Spoilt ballot papers

31

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.

Correction of errors on day of poll

32

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.

Adjournment of poll in case of riot

33

• (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 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.

Procedure on close of poll

34

• (1) As soon as practicable after the close of the poll, the presiding officer must, in the presence of the polling observers (if any), make up into separate packets, sealed with his or her own seal and the seals of such polling observers 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 30A;

• (e) the lists prepared under rule 8 including the parts which were completed in accordance with rule 26(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 32 (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 counting officer to be taken charge of by that person; but if the packets are not delivered by the presiding officer personally to the counting officer, the arrangements for their delivery shall require the counting officer's approval.

• (2) 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.

• (3) 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.

PART 6 — Counting of votes

Attendance at counting of votes

35

• (1) The counting officer must make arrangements for counting the votes in the presence of the counting observers as soon as practicable after the close of the poll, and must give to the counting observers notice in writing of the time and place at which he or she will begin to count the votes.

• (2) No person other than—

• (a) the counting officer and his or her clerks;

• (b) the counting observers;

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

• (d) the Chief Counting Officer

may be present at the counting of the votes, unless permitted by the counting officer to attend.

• (3) A person not entitled to attend at the counting of the votes shall not be permitted to do so by the counting officer unless he or she is satisfied that the efficient counting of the votes will not be impeded.

• (4) The counting officer 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.

• (5) 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.

The count

36

• (1) The counting officer must—

• (a) in the presence of the counting observers open each ballot box and count and record the number of ballot papers in it;

• (b) in the presence of the counting observers verify each ballot paper account; and

• (c) count such of the postal ballot papers as have been duly returned and record the number counted.

• (2) The counting officer must not count the votes given on any ballot papers until—

• (a) in the case of postal ballot papers, they have been mixed with the ballot papers from at least one ballot box; and

• (b) in the case of ballot papers from a ballot box, they have been mixed with the ballot papers from at least one other ballot box.

• (3) A postal ballot paper must not be taken to be duly returned unless—

• (a) it is returned in the manner set out in paragraph (4) and reaches the counting officer or any polling station in the voting area in question before the close of the poll;

• (b) the postal voting statement, duly signed, is also returned in the manner set out in paragraph (4) 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 a 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 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.

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

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

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

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

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

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

• (7) The counting officer must verify each ballot paper account by comparing it with the number of ballot papers recorded by 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.

• (8) Where rules 40 and 41 apply, as soon as is practicable after the counting officer has drawn up the statement as to the result of the verification, he or she must inform the Chief Counting Officer of its contents.

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

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

• (a) place the ballot papers and other documents relating to the referendum under his or her own seal; and

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

Rejected ballot papers

37

• (1) Any ballot paper—

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

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

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

• (d) which is unmarked or void for uncertainty,

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

• (a) want of official mark;

• (b) voting for more than one answer;

• (c) writing or mark by which the voter or proxy could be identified;

• (d) unmarked or void for uncertainty.

• (5) Where rules 40 and 41 apply, the statement referred to in paragraph (4) above is to be a provisional statement and as soon as practicable after the completion of that statement, the counting officer shall inform the Chief Counting Officer of its contents.

Decisions on ballot papers

38

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.

PART 7 — Declaration of result and disposal of documents

Declaration of result

39

Subject to rule 40 and rule 41, when the result of the poll has been ascertained, the counting officer must forthwith—

• (a) declare the result of the referendum;

• (b) inform the authority 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.

Chief Counting Officer's re-count

40

• (1) This rule and rule 41 apply where two or more referendums are held in respect of a precepting authority's relevant basic amount of council tax for the financial year.

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

• (a) the number of ballot papers counted by him or her; and

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

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

• (4) Once the Chief Counting Officer has received the report of any counting officer on the contents of his or her provisional statement prepared under paragraph (2) and under rule 37(5), the Chief Counting Officer may direct the counting officer to re-count (or further re-count) the votes.

• (5) A re-count directed by the Chief Counting Officer under paragraph (4) may be of the votes in all the voting areas, or in such of the voting areas as he or she considers reasonable.

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

Counting officer's statement and declaration of result

41

• (1) When the Chief Counting Officer has determined not to direct that any re-count (or further re-count) must take place, he or she must direct the counting officers to draw up a final statement of the matters referred to in rule 40(2) and to provide final versions of their statements of rejected ballot papers.

• (2) 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.

• (3) When authorised by the Chief Counting Officer to do so, the 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.

• (4) The Chief Counting Officer, having received notification of each of the counting officers' final statement referred to in paragraph (1) 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 all the referendums which relate to the precepting authority's relevant basic amount of council tax for the financial year;

• (b) forthwith make a declaration of the matters referred to in subparagraph (a); and

• (c) as soon as reasonably practicable give public notice of those matters together with the number of rejected ballot papers under each head shown in the statements of rejected ballot papers.

Sealing up of ballot papers

42

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

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

• (a) tendered ballot papers;

• (b) the completed corresponding number lists;

• (ba) the completed ballot paper refusal list;

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

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

Delivery of documents to relevant registration officer

43

• (1) The counting officer must then forward to the relevant registration officer the following documents—

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

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

• (c) the tendered votes lists, the lists of voters and proxies with disabilities assisted by companions, the lists of votes marked by the presiding officer and the related statements, the lists maintained under rule 32, and the declarations made by the companions of voters and proxies with disabilities;

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

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

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

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

endorsing on each packet a description of its contents, the date of the referendum to which it relates and the name of the authority in respect of which the referendum was held.

• (2) In this rule and in rules 44 and 45 references to the relevant registration officer are to the registration officer of the relevant billing authority.

Orders for production of documents

44

• (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 of 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 of certificates as to employment on duty on the day of the poll or for the inspection of counted ballot papers, care must be taken that the way in which the vote of any particular person has been given 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.

Retention of documents

45

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 a counting officer, and then, unless otherwise directed by an order of a county court, the Crown Court, a magistrates' court or an election court, must cause them to be destroyed.

PART 8 — Appendix of forms

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 Schedule 1

• Corresponding Number List L1

• Corresponding Number List L2

• Form of Postal Voting Statement

• 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)

• Ballot Paper Refusal List

• Form of directions for the guidance of the voters and proxies in voting

• Form of Certificate of Employment

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

SCHEDULE 4 — Application, with modifications, of Acts and subordinate legislation

Interpretation

1

• (1) The provisions set out in the first column of Tables 1 to 13 have effect subject to any modification mentioned in the second column of those Tables.

• (2) Unless the context otherwise requires the provisions set out in Tables 1 to 6 have effect subject to the modifications mentioned in sub-paragraph (3).

• (3) The modifications mentioned in this paragraph are—

• (a) a reference to an election must be construed as a reference to the referendum;

• (b) a reference to a returning officer must be construed as a reference to the counting officer;

• (c) a reference to a constituency, an electoral division or a ward must be construed as a reference to a voting area;

• (d) a reference to voting for, or a vote for, a candidate must be construed as a reference to voting for, or a vote for, an answer;

• (e) a reference to promoting or procuring the election of a candidate, or furthering a person's candidature, must be construed as a reference to promoting or procuring a particular result in the referendum;

• (f) references to nomination papers and, except as mentioned in sub-paragraphs (d) and (e), references to candidates, must be ignored;

• (g) a reference to the return of a person must be construed as a reference to a particular result in the referendum;

• (h) a reference to a person voting as an elector must be construed as a person voting on his or her own behalf;

• (i) a reference to a person's entitlement as an elector to an absent vote must be construed as a reference to a person's entitlement to vote by post on his or her own behalf or to vote by proxy;

• (j) except where the polls at the referendum and an election are taken together in accordance with regulation 17(2), where anything is required to be done in the presence of election, polling, counting or other agents, the reference to the presence of agents must be ignored;

• (k) a reference to anything having been prescribed must be construed as a reference to its being provided for by a provision of subordinate legislation applied by these Regulations;

• (l) a form which is required to be used may be used with such variations as the circumstances require;

• (m) a reference to the registration officer, in relation to a district, London borough, the City or the Isles of Scilly, is a reference to the relevant registration officer appointed under section 8 or 203(4) of the 1983 Act ; and for the purpose of the exercise of a registration officer's functions in relation to the referendum, section 52(1) to (4) (discharge of registration duties) and section 54(1), (3) and (4) (payment of expenses of registration) of that Act have effect;

• (n) a reference to an election petition must be construed as a reference to a referendum petition;

• (o) any reference to an enactment or instrument made under an enactment must be construed as a reference to that enactment or instrument as applied by these Regulations;

• (p) so much of any provision as applies only in Scotland, Wales or Northern Ireland is to be ignored.