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

• (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.

Votes marked by presiding officer

29

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

• (b) in rule 28(1G), the reference to paragraph (1) of rule 28 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”).

• (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.

Voting by persons with disabilities

30

• (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”).

Tendered ballot papers: circumstances where available

31

• (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.

Tendered ballot papers: general provisions

32

• (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 ”.

Spoilt ballot papers

33

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

34

• (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.

Adjournment of poll in case of riot

35

• (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.

Procedure on close of poll

36

• (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.

PART 6 — Counting of votes

Attendance at counting of votes

37

• (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) and (5) (where applicable) 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) and (5) (where applicable).

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

• (d) the Chief Counting Officer,

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 (5) to (16) 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 (5); 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.

The count

38

• (1) Subject to paragraph (4), 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 relevant counting officer at a referendum is also the counting officer for another referendum, sub-paragraphs (e), (f) and (g) of paragraph (1) and paragraph (2) above shall not apply and paragraph (5) shall apply instead.

• (5) The relevant counting officer must, in relation to the referendum and each of the other referendums—

• (a) take proper precautions to ensure the ballot papers for the referendum and each of the other referendums are kept separately;

• (b) mix together all of the ballot papers used at the referendum and count the votes given on them; and

• (c) mix together all of the ballot papers used at the other referendum and count the votes given on them.

• (6) 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 (13) shall not apply to these proceedings.

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

• (a) it is returned in the manner set out in paragraph (8) and reaches the relevant returning or counting officer or any polling station in the appropriate electoral area (as defined in paragraph (9)) before the close of the poll;

• (b) the postal voting statement, duly signed, is also returned in the manner set out in paragraph (8) 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.

• (7A) 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 (7) 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.

• (8) 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.

• (9) 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.

• (10) In paragraphs (7)(a) and (d) and (8)(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.

• (11) The counting officer must not count any tendered ballot papers.

• (12) The—

• (a) relevant returning or counting officer, in respect of the proceedings under paragraph (1) or (5) (where applicable); 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.

• (13) 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.

• (14) Where rules 42 and 43 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.

• (15) The—

• (a) relevant returning or counting officer, in respect of the proceedings under paragraph (1) and (5) (where applicable), 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.

• (16) 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.

Rejected ballot papers

39

• (1) Any ballot paper—

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

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

• (c) on which anything is written or marked by which the voter or proxy can be identified except the printed number 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) Subject to paragraph (5) below, 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 42 and 43 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

40

• (1) 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 — Final Proceedings and Miscellaneous

Declaration of result

41

Subject to rules 42 and 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 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

42

• (1) This rule and rule 43 applies 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 39(4), 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

43

• (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 42(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

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.

Delivery of documents to relevant registration officer

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 relevant billing authority.

• (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 relevant billing authority;

• (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.

Orders for production of documents

46

• (1) An order—

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

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

may be made by a county court, 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.

Retention of documents

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.

Countermand or abandonment of poll at election on death of candidate

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.

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 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)

• 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 6 — Application, with modifications, of the Representation of the People Act 1983 in relation to referendum petitions

(1) Provision	(2) Modifications
Section 128 (presentation of petition questioning local election)[^f00143]	In subsection (1)— for “under the local government Act” substitute “under the Local Authorities (Conduct of Referendums)(Council Tax Increases) (England) Regulations 2012”, and omit “either” and the words from “, or by a person” to the end. After subsection (1B) insert— 1C In the case where two or more referendums are held in respect of a precepting authority’s relevant basic amount of council tax for the financial year, a petition questioning the referendum under the Local Authorities (Conduct of Referendums)(Council Tax Increases) (England) Regulations 2012 may be presented by four or more persons who voted at those referendums or any one of those referendums, or had a right so to vote. For subsection (2) substitute— 2 Any counting officer or Chief Counting Officer of whose conduct the petition complains may be made a respondent to the petition. In subsection (4) for “the proper officer of the authority for which the election was held” substitute “the authority in respect of which the referendum was held”.
Section 129 (time for presentation or amendment of petition questioning local election)	In subsection (1) for “under the local government Act” substitute “under the Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012”. In subsection (2)(b) for “a candidate elected at the election” substitute “any person”. In subsection (3)(b) for “the candidate elected at the election, or by an agent of the candidate or with the privity of the candidate or his election agent” substitute “any person”. Omit subsections (4) and (5). For subsection (7) substitute— 7 Subsections (3) and (6) apply notwithstanding that the act constituting the alleged illegal practice amounted to a corrupt practice. Omit subsection (9).
Section 130 (election court for local election in England and Wales, and place of trial)[^f00144]	In subsection (1) for “and Wales under the local government Act” substitute “under the Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012”. In subsection (2)(b) for “local government” substitute “voting”. In subsection (3)(a) for “and Wales under the local government Act” substitute “under the Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012”. In subsection (7) for “local government” substitute “voting”.
Section 131 (accommodation of and attendance on court)	In subsection (1)— for the words from the beginning to “the election” substitute “the authority in respect of which the referendum”, and for “him” substitute “that authority”.
Section 132 (remuneration and allowances)
Section 133 (repayments under section 131 and 132)	In subsection (1)(a) omit the words “the proper officer of”.
Section 136 (security for costs)[^f00145]	In subsection (2)(b) for “petition questioning an election under the local government Act” substitute “referendum petition within the meaning of regulation 20 of the Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012”.
Section 137 (petition at issue)[^f00146]
Section 138 (list of petitions)[^f00147]	In subsection (1)(a) for “all election petitions” substitute “all referendum petitions within the meaning of regulation 20 of the Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012”. In subsection (3) for the words from the beginning to “candidates” substitute “Two or more persons”. In subsection (4)— for “the same election or to elections under the local government Act” substitute “the same referendum or referendums under the Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012”, for “local government” substitute “voting”, and for “the election list”, in both places, substitute “the list made out under subsection (1)”.
Section 139 (trial of petition)	In subsection (1) omit “, in the case of a parliamentary election petition, 14 days and in any other case,”. Omit subsections (3) and (4). For subsection (5) substitute— 5 On the trial of a petition, the respondent may give evidence in the same manner as if he or she had presented a petition against the referendum. Omit subsection (6).
Section 140 (witnesses)[^f00148]
Section 141 (duty to answer relevant questions)[^f00149]
Section 143 (expenses of witnesses)
Section 145 (conclusion of trial of local election petition)[^f00150]	For subsection (1) substitute— 1 At the conclusion of the trial of a petition questioning a referendum under the Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012 the election court is to determine— a in the case of a petition presented on the ground mentioned in regulation 20(1)(a) of those Regulations, whether the result of the referendum was or was not in accordance with the votes cast in the referendum, b in the case of a petition presented on the ground mentioned in regulation 20(1)(b) or (c) of those Regulations, whether the referendum was void. 1A Following a determination under subsection (1)(a), the election court must, as the circumstances require, confirm or reverse the result of the referendum. In subsection (3)— for “sections 158 and” substitute “section”, and for the words from “for which” to the end substitute “in respect of which the referendum was held”. In subsection (6) from “the proper officer” to the end substitute “the authority in respect of which the referendum was held”.
Section 146 (special case for determination of High Court)	Omit subsection (2). In subsection (3) for the words from the beginning to “local government Act” substitute— 3 In the case of a referendum petition under the Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012, .
Section 147 (withdrawal of petition)	In subsection (2) for “local government” substitute “voting”.
Section 154 (costs of petition)
Section 155 (neglect or refusal to pay costs)
Section 156 (further provision as to costs)[^f00151]
Section 157 (appeals and jurisdiction)[^f00152]	Omit subsection (4).
Section 160(1) and (3) (persons reported personally guilty of corrupt practices)[^f00153]	Omit subsection (1)(b).
Section 161 (Justices of the Peace)[^f00154]
Section 162 (member of legal and certain other professions)
Section 163 (holder of licence or certificate under Licensing Acts)[^f00155]
Section 164(1) and (2) (avoidance of election for general corruption etc)	In subsection (1)— for “the election of any person at that election” substitute “a particular outcome in relation to the question asked in the referendum”, and for paragraphs (a) and (b) substitute “, the referendum, if that outcome was achieved, is void”. In subsection (2) for “An election” substitute “A referendum”.
Section 167 (application for relief)[^f00156]
Section 180 (evidence by certificate of holding of election)	Omit sub-paragraph (ii) and the word immediately preceding it.
Section 183 (costs)[^f00157]
Section 184 (service of notices)[^f00158]
Section 185 (interpretation of Part 3)[^f00159]

SCHEDULE 7 — Modifications of the Election Petition Rules 1960

Signed

Signed by authority of the Secretary of State for Communities and Local Government

Andrew Stunell — Parliamentary Under Secretary of State — 2012-02-17

Explanatory note

(This note is not part of the Order)

Footnotes

[^f00001]: 1992 c.14. Section 52ZQ was inserted into the Local Government Finance Act 1992 by Schedule 5 to the Localism Act 2011 (c. 20) and section 113 was amended by paragraph 32 of Schedule 6 to that Act.

[^f00002]: 1972 c. 70.

[^f00003]: 1983 c. 2.

[^f00004]: 1985 c. 50.

[^f00005]: 1988 c.41.

[^f00006]: 1992 c.14.

[^f00007]: 2000 c. 22.

[^f00008]: S.I. 2008/3022.

[^f00009]: 2011 c. 13.

[^f00010]: S.I. 2001/341; amended by SI 2001/1700, 2002/1871, 2004/226, 2006/752 and 2006/2910.

[^f00011]: S.I. 2004/294; amended by SI 2006/3278

[^f00012]: 1985 c.50; the definitions were amended by section 3 of the European Communities (Amendment) Act 1986 (c. 58) in consequence of the European Assembly being renamed the European Parliament.

[^f00013]: 1999 c.29. Section 89(2) was amended by Article 2 and paragraphs 1 and 6 of SI 2000/1435.

[^f00014]: See section 52ZX(4)(a) of the Local Government Finance Act 1992 for the meaning of “unadjusted relevant basic amount of council tax”. Section 52ZX was inserted into the Local Government Finance Act 1992 by Schedule 5 to the Localism Act 2011 (c. 20).

[^f00015]: See section 52ZX(4)(b) of the Local Government Finance Act 1992 for the meaning of “adjusted relevant basic amount of council tax”. Section 52ZX was inserted into the Local Government Finance Act 1992 by Schedule 5 to the Localism Act 2011 (c. 20).

[^f00016]: See section 52ZR(8) of the Local Government Finance Act 1992 for the meaning of “constituent body”. Section 52ZR was inserted into the Local Government Finance Act 1992 by Schedule 5 to the Localism Act 2011 (c. 20).

[^f00017]: S.I. 2011/3038.

[^f00018]: 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).

[^f00019]: 2003 c. 44.

[^f00020]: 2002, c. 24. Section 1 was substituted by section 1 of the European Parliament (Representation) Act 2003 (c.7). Amendments were made by section 16 of the European Union Act 2011 (c.12). Substitutions were made by S.I. 2004/366 and S.I. 2008/1954.

[^f00021]: 1999, c. 29.

[^f00022]: 1972, c. 70; 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).

[^f00023]: 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).

[^f00024]: S.I. 1960/543; amended by SI 1985/1278, 1999/1352 and 2003/972.

[^f00025]: 1975 c.80.

[^f00026]: 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.

[^f00027]: 1988 c 41, to which there have been no relevant amendments.

[^f00028]: Section 31B of the Local Government Finance Act 1992 was inserted by section 74 of the Localism Act 2011(c.20).

[^f00029]: S.I. 1992/612; relevant amending instruments are S.I 2003/3012 and 2003/3181.

[^f00030]: 1996 c.56.

[^f00031]: See the Representation of the People (England and Wales) Regulations 2001 S.I. 2001/341 (amended by SI 2001/1700, 2002/1871, 2004/226, 2006/752 and 2006/2910).

[^f00032]: 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).

[^f00033]: 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 Act1985 (c.50).

[^f00034]: 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.

[^f00035]: As amended by section 11(4) of the Parliamentary Voting System and Constituencies Act 2011 (c.1).

[^f00036]: As amended by paragraph 71 of Schedule 4 to the Representation of the People Act 1985 (c.50).

[^f00037]: 1983 c.2.

[^f00038]: 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).

[^f00039]: As amended by paragraph 14 of Schedule 4 to the Representation of the People Act 1985 (c. 50).

[^f00040]: 1983 c2.

[^f00041]: 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).

[^f00042]: 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).

[^f00043]: Subsection 4 was amended by Schedule 17 to the Local Government Act 1985 (c. 51).

[^f00044]: 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).

[^f00045]: 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).

[^f00046]: 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).

[^f00047]: Section 62A was inserted by section 40 of the Electoral Administration Act 2006 (c. 22).

[^f00048]: 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).

[^f00049]: Section 65 was amended by paragraph 2 of Schedule 3 to the Representation of the People Act 1985 (. 50) and paragraphs 72 and 96 of Schedule 1 to the Electoral Administration Act 2006 (c. 22).

[^f00050]: 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).

[^f00051]: Section 66A was inserted by paragraphs 3 and 6 of Schedule 6 to the Representation of the People Act 2000 (c. 2).

[^f00052]: Section 92 was amended by paragraph 35 of Schedule 20 to the Broadcasting Act 1990 (c.42) and paragraph 61 of Schedule17 to the Communications Act 2003 (c. 21).

[^f00053]: Section 94 was amended by paragraph 36 of Schedule 4 to the Representation of the People Act 1985 (c. 50).

[^f00054]: 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).

[^f00055]: 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).

[^f00056]: Subsection (2) was amended by paragraph 5 of Schedule 3 to the Representation of the People Act 1985 (c. 50).

[^f00057]: 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).

[^f00058]: Section 113 was amended by paragraph 30 of Schedule 3 to the Greater London Authority Act 1999 (c. 29).

[^f00059]: Section 115 was amended by section 39(1) of the Electoral Administration Act 2006 (c. 22).

[^f00060]: 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).

[^f00061]: 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).

[^f00062]: 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).

[^f00063]: 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).

[^f00064]: Section 169 was amended by paragraph 9 of Schedule 3 to the Representation of the People Act 1985 (c. 50).

[^f00065]: 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).

[^f00066]: Section 174 was amended by paragraph 18 of Schedule 18 to the Political Parties, Elections and Referendums Act 2000 (c. 41).

[^f00067]: 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).

[^f00068]: 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).

[^f00069]: Subsection (1) was amended by paragraph 63 of Schedule 4 to the Representation of the People Act 1985 (c. 50).

[^f00070]: 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).

[^f00071]: Section 199B was inserted by section 36 of the Electoral Administration Act 2006 (c. 22).

[^f00072]: 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).

[^f00073]: 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).

[^f00074]: 1985 c.50.

[^f00075]: 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).

[^f00076]: 2000 c 2.

[^f00077]: Section 10 was amended by paragraph 16 of Schedule 21 to the Political Parties, Elections and Referendums Act 2000 (c. 41).

[^f00078]: 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).

[^f00079]: 2000 c 41. All provisions mentioned in this table were inserted by section 29 of the Electoral Administration Act 2006 (c.22).

[^f00080]: 2006 (c.22).

[^f00081]: 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).

[^f00082]: As amended by SI 2001/1700, 2002/1871 and 2006/2910.

[^f00083]: As amended by SI 2006/2910.

[^f00084]: As amended by SI 2002/1871 and 2006/2910.

[^f00085]: As amended by SI 2006/2910.

[^f00086]: As amended by SI 2006/2910.

[^f00087]: As amended by SI 2006/752 and 2006/2910.

[^f00088]: Inserted by SI 2006/752 and amended by SI 2006/2910.

[^f00089]: Inserted by SI 2006/2910.

[^f00090]: Inserted by SI 2006/752 and amended by SI 2006/2910.

[^f00091]: Substituted by S.I. 2006/752 and amended by SI 2006/2910.

[^f00092]: Amended by SI 2006/752 and 2006/2910.

[^f00093]: Amended by SI 2006/752 and 2006/2910.

[^f00094]: Inserted by 2006/2910.

[^f00095]: Amended by SI 2006/2910.

[^f00096]: Amended by SI 2006/2910.

[^f00097]: Amended by SI 2006/2910.

[^f00098]: Amended by SI 2006/2910.

[^f00099]: Amended by SI 2002/1871, 2006/752 and 2006/2910.

[^f00100]: Amended by SI 2006/2910.

[^f00101]: Amended by SI 2006/2910.

[^f00102]: Amended by SI 2006/2910.

[^f00103]: Amended by SI 2006/752 and 2006/2910.

[^f00104]: Amended by SI 2006/752 and 2006/2910.

[^f00105]: Amended by SI 2006/752 and SI 2006/2910.

[^f00106]: Amended by SI 2006/2910.

[^f00107]: Amended by SI 2006/2910.

[^f00108]: Inserted by SI 2006/2910.

[^f00109]: Amended by SI 2002/1871 and 2006/2910.

[^f00110]: Inserted by SI 2006/2910.

[^f00111]: Inserted by SI 2006/2910.

[^f00112]: Inserted by SI 2006/2910.

[^f00113]: Inserted by SI 2006/2910.

[^f00114]: Amended by SI 2006/752 and 2006/2910.

[^f00115]: Inserted by SI 2002/1871 and amended by SI 2006/2910 and SI 2006/752.

[^f00116]: Inserted by SI 2002/1871 and amended by SI 2006/2910.

[^f00117]: Inserted by SI 2002/1871 and amended by SI 2006/2910.

[^f00118]: Inserted by SI 2006/2910 and amended by SI 2008/1901.

[^f00119]: Inserted by SI 2006/2910 and amended by paragraph 8 of Schedule 1 to the Counter-Terrorism Act 2008.

[^f00120]: Inserted by SI 2006/2910 and amended by paragraph 9 of Schedule 1 to the Counter-Terrorism Act 2008.

[^f00121]: Amended by SI 2005/2114.

[^f00122]: SI 2004/294.

[^f00123]: Amended by SI 2006/3278.

[^f00124]: S.I. 2004/293 as amended by SI 2005/2114, 2009/848, 2009/2054, 2010/1172, 2011/2085, 2011/2581 and section 59(1) and (4) of the Constitutional Reform Act 2005.

[^f00125]: S.I. 2006/3304 as amended by SI 2010/1172 and 2011/563.

[^f00126]: S.I. 2006/3305 as amended by SI 2010/1172 and 2011/562.

[^f00127]: type=start slip=2019-01-01 time=1548927675395S.I. 2007/3541type=end slip=2019-01-01 time=1548927675395 as amended by SI 2010/1172.

[^f00128]: S.I. 2007/1024.

[^f00129]: S.I. 2004/294; as amended by SI 2006/3278.

[^f00130]: 1996 c.56.

[^f00131]: For the meaning of “parliamentary constituency”, see section 1 of the Parliamentary Constituencies Act 1986 (c. 56).

[^f00132]: 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.

[^f00133]: 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).

[^f00134]: 1999. c. 29.

[^f00135]: S.I. 2000/427.

[^f00136]: 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).

[^f00137]: 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.

[^f00138]: 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).

[^f00139]: 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).

[^f00140]: S.I. 2001/341.

[^f00141]: 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.

[^f00142]: For the meaning of “parliamentary constituency”, see section 1 of the Parliamentary Constituencies Act 1986 (c. 56).

[^f00143]: 1983, c2; section 128 was amended by paragraph 12 of Schedule 1 to the Electoral Administration Act 2006 (c. 22).

[^f00144]: 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).