Legalize / United Kingdom / Statutory-Instrument

The European Union Referendum (Conduct) Regulations 2016

Type Statutory-Instrument

Publication 2016-02-25

Last updated 2016-06-09

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

PDF Download

articles 1

Reform history JSON API

(a) is unable to provide a signature because of any disability the applicant has,

(b) is unable to provide a signature because the applicant is unable to read or write, or

(8) The registration officer must keep a record of those whose applications under this paragraph have been granted, showing—

(a) their dates of birth, and

(b) except in cases where the registration officer in pursuance of paragraph (7) has dispensed with the requirement to provide a signature, their signatures.

(9) The record kept under paragraph (8) must be retained by the registration officer for the period of twelve months beginning with the date of the poll for the referendum.

Absent voters lists

63

(1) The registration officer must, for the purposes of the referendum, keep the two special lists mentioned in paragraphs (2) and (3) respectively.

(2) The first of those lists is a list (“the postal voters list”) of those within column 2 of the following table, together with the addresses provided as mentioned in column 3 as the addresses to which their ballot papers are to be sent.

	Description of person voting by post	Address
1	A person whose application under regulation 62(1) to vote by post in the referendum has been granted.	Address provided in the person’s application under regulation 62(1).
2	A person who—is entitled to vote in the referendum and in a poll that is taken together with the referendum,is included in the postal voters list for that poll, andis not within entry 1 in this table or entry 1 in the table in paragraph (3).	Address provided in the application that gave rise to the person being included in the postal voters list or, if the person is included in more than one, the address provided in the latest of those applications.
3	A person who—is for the time being shown in the record kept under paragraph 3 of Schedule 4 to the RPA 2000 as voting by post at parliamentary elections, andis not within entry 1 or 2 of this table or entry 1 or 2 in the table in paragraph (3).	Address provided in the person’s application under paragraph 3 of Schedule 4 to the RPA 2000 or (as the case may be) regulation 62(5)(a).
4	A peer who—is for the time being shown in the record kept under paragraph 3 of Schedule 4 to the RPA 2000 as voting by post at local government elections,is not for the time being shown in the record kept under paragraph 3 of Schedule 2 to the European Parliamentary Elections Regulations 2004 as voting by post, or was included in that record before being included in the record mentioned in paragraph (a) above, andis not within entry 1 or 2 of this table or entry 1 or 2 in the table in paragraph (3).	Address provided in the peer’s application under paragraph 3 of Schedule 4 to the RPA 2000 or (as the case may be) regulation 62(5)(a).
5	A peer who—is for the time being shown in the record kept under paragraph 3 of Schedule 2 to the European Parliamentary Elections Regulations 2004 as voting by post,is not for the time being shown in the record kept under paragraph 3 of Schedule 4 to the RPA 2000 as voting by post at local government elections, or was included in that record before being included in the record mentioned in paragraph (a) above, andis not within entry 1 or 2 in this table or entry 1 or 2 in the table in paragraph (3).	Address provided in the peer’s application under paragraph 3 of Schedule 2 to the European Parliamentary Elections Regulations 2004 or (as the case may be) regulation 62(5)(a).

(3) The second of the lists mentioned in paragraph (1) is a list (“the list of proxies”) of those within column 2 of the following table, together with the names and addresses of their proxies appointed as mentioned in column 3.

	Description of person voting by proxy	Proxy
1	A person (not within entry 1 in the table in paragraph (2)) whose application under regulation 62(2), (3) or (5)(b) to vote by proxy in the referendum has been granted.	Proxy appointed under regulation 64.
2	A person who—is entitled to vote in the referendum and in a poll that is taken together with the referendum,is included in the list of proxies for that poll, andis not within entry 1 in this table or entry 1 or 2 in the table in paragraph (2).	Proxy appointed for the purposes of that poll or, if there is more than one, the proxy appointed for the poll in respect of which the latest of the person’s applications to vote by proxy was made.
3	A person who—is for the time being shown in the record kept under paragraph 3 of Schedule 4 to the RPA 2000 as voting by proxy at parliamentary elections, andis not within entry 1 or 2 of this table or entry 1 or 2 in the table in paragraph (2).	Proxy appointed under paragraph 6 of Schedule 4 to the RPA 2000 for parliamentary elections.
4	A peer who—is for the time being shown in the record kept under paragraph 3 of Schedule 4 to the RPA 2000 as voting by proxy at local government elections,is not for the time being shown in the record kept under paragraph 3 of Schedule 2 to the European Parliamentary Elections Regulations 2004 as voting by proxy, or was included in that record before being included in the record mentioned in paragraph (a) above, andis not within entry 1 or 2 of this table or entry 1, 2 or 5 in the table in paragraph (2).	Proxy appointed under paragraph 6 of Schedule 4 to the RPA 2000 for local government elections.
5	A peer who—is for the time being shown in the record kept under paragraph 3 of Schedule 2 to the European Parliamentary Elections Regulations 2004 as voting by proxy,is not for the time being shown in the record kept under paragraph 3 of Schedule 4 to the RPA 2000 as voting by proxy at local government elections, or was included in that record before being included in the record mentioned in paragraph (a) above, andis not within entry 1 or 2 in this table or entry 1, 2 or 4 in the table in paragraph (2).	Proxy appointed under paragraph 6 of Schedule 2 to the European Parliamentary Elections Regulations 2004.

(4) In the case of a person who has an anonymous entry in a register, the postal voters list or list of proxies (as the case may be) must show in relation to the person only—

(a) his or her electoral number, and

(b) the period for which the anonymous entry has effect.

Proxies

64

(1) Subject to what follows, any person is capable of being appointed under this paragraph to vote as proxy for another (the “principal”) in the referendum.

(2) The principal cannot have more than one person at a time appointed as proxy to vote for him or her in the referendum.

(3) A person is capable of being appointed to vote as proxy only if—

(a) the person is not subject to any legal incapacity (age apart) to vote in the referendum in his or her own right, and

(b) the person is or will on the date of the poll for the referendum be registered in a relevant register.

(4) Where the principal applies to the registration officer for the appointment of a proxy under this regulation, the registration officer must make the appointment if the application meets the requirements prescribed by the relevant regulations and the officer is satisfied that the principal is or will be—

(a) registered in a relevant register, and

(b) entitled to vote by proxy in the referendum by virtue of an application under regulation 62(2), (3) or (5)(b),

and that the proxy is capable of being, and willing to be, appointed.

(5) The appointment of a proxy under this paragraph is to be made by means of a proxy paper issued by the registration officer in the form set out in Form 20 in Schedule 4.

(6) The appointment may be cancelled by the principal by giving notice to the registration officer and also ceases to be in force on the issue of a proxy paper appointing a different person under this paragraph to vote for the principal in the referendum.

65

(1) Subject to what follows, where a relevant proxy appointment is in force, the person appointed is entitled to vote as proxy for the person for whom the appointment was made (the “principal”).

(2) In paragraph (1) “relevant proxy appointment” means—

(a) in relation to a principal who is included in the list of proxies by virtue of entry 1 in the table in regulation 63(3), an appointment under regulation 64;

(b) in relation to a principal who is included in the list of proxies by virtue of entry 2 in that table, the appointment of the person mentioned in column 3 of that entry;

(c) in relation to a principal who is included in the list of proxies by virtue of entry 3 in that table, an appointment under paragraph 6 of Schedule 4 to the RPA 2000 for parliamentary elections;

(d) in relation to a principal who is a peer included in the list of proxies by virtue of entry 4 in that table, an appointment under paragraph 6 of Schedule 4 to the RPA 2000 for local government elections;

(e) in relation to a principal who is a peer included in the list of proxies by virtue of entry 5 in that table, an appointment under paragraph 6 of Schedule 2 to the European Parliamentary Elections Regulations 2004.

(3) A person is capable of voting as proxy in the referendum only if—

(a) the person is not subject to any legal incapacity (age apart) to vote in the referendum in his or her own right, and

(b) the person is registered in a relevant register.

(4) A person is not capable of voting as proxy in the referendum unless on the date of the poll the person has attained the age of 18.

(5) A person is not entitled to vote as proxy in the referendum on behalf of more than two others of whom that person is not the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild.

Voting as proxy

66

(1) A person entitled to vote as proxy for another (the “principal”) in the referendum may do so in person at the polling station allotted to the principal under Part 2 unless the proxy is entitled to vote by post as proxy for the principal in the referendum, in which case the proxy may vote by post.

(2) Where a person is entitled to vote by post as proxy for the principal in the referendum, the principal may not apply for a ballot paper for the purpose of voting in person in the referendum.

(3) For the purposes of this Chapter of this Part and the 1983 Act a person entitled to vote as proxy for another in the referendum is entitled so to vote by post if the person is included in the list kept under paragraph (6).

(4) Where a person applies to the registration officer to vote by post as proxy in the referendum the officer must grant the application if—

(a) the officer is satisfied that the principal is or will be registered in a relevant register,

(b) the applicant is the subject of a relevant proxy appointment within the meaning of regulation 65(2), and

(c) the application contains the applicant’s signature and date of birth and meets the requirements prescribed by the relevant regulations.

(5) A person who is the subject of a relevant proxy appointment within the meaning of regulation 65(2)(b), (c) or (d) and who—

(a) is included in the record kept under paragraph 7(6) of Schedule 4 to the RPA 2000 (record of proxies who have applied to vote by post) in respect of parliamentary elections,

(b) is included in the record kept under paragraph 7(6) of Schedule 4 to the RPA 2000 (record of proxies who have applied to vote by post) in respect of local government elections, or

(c) is included in the record kept under paragraph 7(6) of Schedule 2 to the European Parliamentary Elections Regulations 2004 (record of proxies who have applied to vote by post),

may apply to the registration officer for his or her referendum ballot paper to be sent to a different address from that shown in the record, and the officer must grant the application if it meets the requirements prescribed by the relevant regulations.

(6) The registration officer must, in respect of the referendum, keep a special list (“the proxy postal voters list”) of those within column 2 of the following table, together with the addresses provided as mentioned in column 3 as the addresses to which their ballot papers are to be sent.

	Description of proxy postal voters	Address
1	A proxy whose application under paragraph (4) has been granted.	Address provided in the proxy’s application under paragraph (4).
2	A proxy who—was appointed as mentioned in column 3 of entry 2 in the table in regulation 63(3) for a person mentioned in column 2 of that entry, andis included in the proxy postal voters list for the poll in respect of which that appointment was made.	Address provided in the proxy’s application to vote by post as proxy in that poll.
3	A proxy who—was appointed as mentioned in column 3 of entry 3 in the table in regulation 63(3) for a person mentioned in column 2 of that entry, andis for the time being included in the record kept under paragraph 7(6) of Schedule 4 to the RPA 2000 (record of proxies who have applied to vote by post).	Address provided in the proxy’s application under paragraph 7(4)(a) of Schedule 4 to the RPA 2000 or (as the case may be) paragraph (5) above.
4	A proxy who—was appointed as mentioned in column 3 of entry 4 in the table in regulation 63(3) for a peer mentioned in column 2 of that entry, andis for the time being included in the record kept under paragraph 7(6) of Schedule 4 to the RPA 2000 (record of proxies who have applied to vote by post).	Address provided in the proxy’s application under paragraph 7(4)(a) of Schedule 4 to the RPA 2000 or (as the case may be) paragraph (5) above.
5	A proxy who—was appointed as mentioned in column 3 of entry 5 in the table in regulation 63(3) for a peer mentioned in column 2 of that entry, andis for the time being included in the record kept under paragraph 7(6) of Schedule 2 to the European Parliamentary Elections Regulations 2004.	Address provided in the proxy’s application under paragraph 7(4)(a) of Schedule 2 to the European Parliamentary Elections Regulations 2004 or (as the case may be) paragraph (5) above.

(7) In the case of a person who has an anonymous entry in a register, the special list mentioned in paragraph (6) must contain only—

(a) the person’s electoral number, and

(b) the period for which the anonymous entry has effect.

(8) Paragraph (2) does not prevent a person, at the polling station allotted to him or her, marking a tendered ballot paper in pursuance of regulation 37.

(9) The registration officer may dispense with the requirement under paragraph (4)(c) for the applicant to provide a signature if the officer is satisfied that the applicant—

(a) is unable to provide a signature because of any disability the applicant has,

(b) is unable to provide a signature because the applicant is unable to read or write, or

(10) The registration officer must also keep a record in relation to those whose applications under paragraph (4) have been granted showing—

(a) their dates of birth, and

(b) except in cases where the registration officer in pursuance of paragraph (9) has dispensed with the requirement to provide a signature, their signatures.

(11) The record kept under paragraph (10) must be retained by the registration officer for the period of twelve months beginning with the date of the poll for the referendum.

Use of personal identifier information

67

The registration officer must either—

(a) provide the counting officer with a copy of the information contained in records kept by the registration officer in pursuance of—

(i) paragraphs 3(9) and 7(12) of Schedule 4 to the RPA 2000 (dates of birth and signatures of certain electors and proxies) in relation to persons entitled to vote in the referendum,

(ii) paragraphs 3(9) and 7(13) of Schedule 2 to the European Parliamentary Elections Regulations 2004 (dates of birth and signatures of certain electors and proxies) in relation to peers entitled to vote in the referendum, and

(iii) regulations 62(8) and 66(10), or

(b) give the counting officer access to such information.

68

Information contained in records kept by a registration officer in pursuance of regulation 62(8) or 66(10) may be disclosed by the officer to—

(a) any other registration officer if the officer thinks that to do so will assist the other registration officer in the performance of his or her duties;

(b) any person exercising functions in relation to the preparation or conduct of legal proceedings under the 2015 Act or the Representation of the People Acts.

Offences

69

(1) If a person—

(a) in any declaration or form used for any of the purposes of this Chapter of this Part, makes a statement knowing it to be false, or

(b) attests an application under regulation 62 knowing—

(i) that he or she is not authorised to do so, or

(ii) that it contains a statement which is false,

that person commits an offence.

(2) A person guilty of an offence under paragraph (1) is liable—

(a) on summary conviction in England and Wales, to a fine;

(b) on summary conviction in Scotland, to a fine not exceeding level 5 on the standard scale.

(3) If a person provides false information in connection with an application under regulation 62(1) or (2) or 66(4), that person commits an offence.

(4) In relation to a signature, “false information” for the purposes of paragraph (3), means a signature which—

(a) is not the usual signature of, or

(b) was written by a person other than,

the person whose signature it purports to be.

(5) A person does not commit an offence under paragraph (3) if the person did not know, and had no reason to suspect, that the information was false.

(6) Where sufficient evidence is adduced to raise an issue with respect to the defence under paragraph (5), the court is to assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.

(7) A person guilty of an offence under paragraph (3) is liable—

(a) on summary conviction in England and Wales, to imprisonment for a term not exceeding 51 weeks or to a fine, or to both;

(b) on summary conviction in Scotland, to imprisonment for a term not exceeding 6 months or to a fine not exceeding level 5 on the standard scale, or to both.

(8) The reference in paragraph (7)(a) to 51 weeks is to be read as a reference to 6 months in relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003[^f00045].

CHAPTER 2 — NORTHERN IRELAND

Overview and interpretation

70

(1) This Chapter of this Part contains provision about voting in the referendum in Northern Ireland.

(2) In this Chapter of this Part—

“anonymous entry”, in relation to a register of electors, is to be read in accordance with section 9B of the 1983 Act;

“peer” means a peer who is a member of the House of Lords;

“relevant register” means—a register of parliamentary electors, orin relation to a peer—a register of local electors, ora register of peers maintained under section 3 of the Representation of the People Act 1985 (peers resident outside the United Kingdom);

“the 2008 Regulations” means the Representation of the People (Northern Ireland) Regulations 2008[^f00046] as applied by Part 2 of Schedule 3;

“the 1985 Act” means the Representation of the People Act 1985.

Manner of voting in the referendum

71

(1) This regulation applies to determine the manner of voting in Northern Ireland of a person entitled to vote in the referendum.

(2) The person may vote in person at the polling station allotted to him or her under Part 2, unless the person is entitled to vote by post or by proxy in the referendum.

(3) The person may vote by post if the person is entitled to vote by post in the referendum.

(4) If the person is entitled to vote by proxy in the referendum, the person may so vote unless, before a ballot paper has been issued for the person to vote by proxy, the person applies at the polling station allotted to him or her under Part 2 for a ballot paper for the purpose of voting in person, in which case he or she may vote in person there.

(5) If the person is not entitled to vote by post or by proxy in the referendum, the person may vote in person at any polling station in Northern Ireland if paragraph (6) applies.

(6) This paragraph applies if the person cannot reasonably be expected to go in person to the polling station allotted to him or her under Part 2 by reason of his or her employment on the date of the poll for a purpose connected with the referendum, if that employment is—

(a) as a constable, or

(b) by the counting officer.

(7) Nothing in this regulation applies to—

(a) a person to whom section 7 of the 1983 Act (mental patients who are not detained offenders) applies and who is liable, by virtue of any enactment, to be detained in the mental hospital in question, whether the person is registered by virtue of that provision or not;

(b) a person to whom section 7A of the 1983 Act (persons remanded in custody) applies, whether the person is registered by virtue of that provision or not;

and such a person may vote only by post or by proxy (where the person is entitled to vote by post or, as the case may be, by proxy in the referendum).

(8) Paragraph (2) does not prevent a person, at the polling station allotted to him or her, marking a tendered ballot paper in pursuance of regulation 37.

Entitlement to vote by post or by proxy

72

(1) A person entitled to vote in the referendum is entitled to vote by post or by proxy if paragraph (2) or (3) (as the case may be) applies to the person.

(2) This paragraph applies to a person who is shown in the postal voters list mentioned in regulation 74(2) as entitled to vote by post in the referendum.

(3) This paragraph applies to a person who is shown in the list of proxies mentioned in regulation 74(3) as entitled to vote by proxy in the referendum.

Application to vote by post or by proxy in the referendum

73

(1) Where a person applies to the registration officer to vote by post, or to vote by proxy, in the referendum, the registration officer must grant the application if—

(a) the officer is satisfied that the applicant is or will be registered in a relevant register,

(b) the officer is satisfied that the applicant’s circumstances on the date of the poll will be or are likely to be such that the applicant cannot reasonably be expected to vote in person at the polling station allotted or likely to be allotted to the applicant under Part 2,

(c) the application states the applicant’s date of birth and the registration officer is satisfied that the date stated corresponds with the date supplied as the date of the applicant’s birth in pursuance of section 10(4A)(b), 10A(1A)(b) or 13A(2A)(b) of the 1983 Act[^f00047],

(d) the application is signed and (unless section 10(4B), 10A(1B) or 13A(2B) of the 1983 Act[^f00048] applies) the registration officer is satisfied that the signature on the application corresponds with the signature supplied as the applicant’s signature in pursuance of section 10(4A)(a), 10A(1A)(a) or 13A(2A)(a) of the 1983 Act,

(e) the application either states the applicant’s national insurance number or states that the applicant does not have one, and the registration officer is satisfied as mentioned in paragraph (2) below, and

(f) the application meets the requirements prescribed by the 2008 Regulations.

(2) For the purposes of paragraph (1)(e), the registration officer must be satisfied—

(a) if the application states a national insurance number, that the requirements of paragraph (3) are met, or

(b) if the application states that the applicant does not have a national insurance number, that no such number was supplied as the applicant’s national insurance number in pursuance of section 10(4A)(c)(i), 10A(1A)(c)(i) or 13A(2A)(c)(i) of the 1983 Act.

(3) The requirements of this paragraph are met if—

(a) the number stated as mentioned in paragraph (2)(a) is the same as the one supplied as the applicant’s national insurance number in pursuance of section 10(4A)(c)(i), 10A(1A)(c)(i) or 13A(2A)(c)(i) of the 1983 Act, or

(b) no national insurance number was supplied under any of those provisions, but the registration officer is not aware of any reason to doubt the authenticity of the application.

(4) Nothing in paragraph (1) applies to—

(a) a person who is included in the record kept under section 6 of the 1985 Act (absent vote at parliamentary elections for indefinite period),

(b) a peer who is included in the record kept under paragraph 1 of Schedule 2 to the Local Elections (Northern Ireland) Order 1985 (absent vote at local elections for indefinite period), or

(c) a peer who is included in the record kept under regulation 8 of the European Parliamentary Elections (Northern Ireland) Regulations 2004[^f00049] (absent vote at elections for indefinite period).

(5) But if a person is included in a record mentioned in paragraph (4)(a), (b) or (c) and is shown in the record as voting by post, the person may, in respect of the referendum, apply to the registration officer—

(a) for his or her ballot paper to be sent to a different address in the United Kingdom from that shown in the record, or

(b) to vote by proxy.

(6) The registration officer must grant an application under paragraph (5) if it meets the requirements prescribed by the 2008 Regulations.

(7) A person applying to vote by post must provide an address in the United Kingdom as the address to which the person’s ballot paper is to be sent.

Absent voters lists

74

(1) The registration officer must, for the purposes of the referendum, keep the two special lists mentioned in paragraphs (2) and (3) respectively.

(2) The first of those lists is a list (“the postal voters list”) of those within column 2 of the following table, together with the addresses provided as mentioned in column 3 as the addresses to which their ballot papers are to be sent.

	Description of person voting by post	Address
1	A person whose application under regulation 73(1) to vote by post in the referendum has been granted.	Address provided in the person’s application under regulation 73(1).
2	A person who—is entitled to vote in the referendum and in a poll that is taken together with the referendum,is shown in the absent voters list for that poll as voting by post, andis not within entry 1 in this table or entry 1 in the table in paragraph (3).	Address provided in the application that gave rise to the person being included in the absent voters list or, if the person is included in more than one, the address provided in the latest of those applications.
3	A person who—is for the time being shown in the record kept under section 6 of the 1985 Act as voting by post at parliamentary elections, andis not within entry 1 or 2 of this table or entry 1 or 2 in the table in paragraph (3).	Address provided in the person’s application under section 6 of the 1985 Act or (as the case may be) regulation 73(5)(a).
4	A peer who—is for the time being shown in the record kept under paragraph 1 of Schedule 2 to the Local Elections (Northern Ireland) Order 1985,is not for the time being shown in the record kept under regulation 8 of the European Parliamentary Elections (Northern Ireland) Regulations 2004 as voting by post, or was included in that record before being included in the record mentioned in paragraph (a) above, andis not within entry 1 or 2 of this table or entry 1 or 2 in the table in paragraph (3).	Address provided in the peer’s application under paragraph 1 of Schedule 2 to the Local Elections (Northern Ireland) Order 1985 or (as the case may be) regulation 73(5)(a).
5	A peer who—is for the time being shown in the record kept under regulation 8 of the European Parliamentary Elections (Northern Ireland) Regulations 2004 as voting by post,is not for the time being shown in the record kept under paragraph 1 of Schedule 2 to the Local Elections (Northern Ireland) Order 1985, or was included in that record before being included in the record mentioned in paragraph (a) above, andis not within entry 1 or 2 in this table or entry 1 or 2 in the table in paragraph (3).	Address provided in the peer’s application under regulation 8 of the European Parliamentary Elections (Northern Ireland) Regulations 2004 or (as the case may be) regulation 73(5)(a).

(3) The second of the lists mentioned in paragraph (1) is a list (“the list of proxies”) of those within column 2 of the following table, together with the names and addresses of their proxies appointed as mentioned in column 3.

	Description of person voting by proxy	Proxy
1	A person (not within entry 1 in the table in paragraph (2)) whose application under regulation 73(1) or (5)(b) to vote by proxy in the referendum has been granted.	Proxy appointed under regulation 75.
2	A person who—is entitled to vote in the referendum and in a poll that is taken together with the referendum,is shown in the absent voters list for that poll as voting by proxy, andis not within entry 1 in this table or entry 1 or 2 in the table in paragraph (2).	Proxy appointed for the purposes of that poll or, if there is more than one, the proxy appointed for the poll in respect of which the latest of the person’s applications to vote by proxy was made.
3	A person who—is for the time being shown in the record kept under section 6 of the 1985 Act as voting by proxy at parliamentary elections, andis not within entry 1 or 2 of this table or entry 1 or 2 in the table in paragraph (2).	Proxy appointed under section 8 of the 1985 Act[^f00050] for parliamentary elections.
4	A peer who—is for the time being shown in the record kept under paragraph 1 of Schedule 2 to the Local Elections (Northern Ireland) Order 1985 as voting by proxy,is not for the time being shown in the record kept under regulation 8 of the European Parliamentary Elections (Northern Ireland) Regulations 2004 as voting by proxy, or was included in that record before being included in the record mentioned in paragraph (a) above, andis not within entry 1 or 2 of this table or entry 1, 2 or 5 in the table in paragraph (2).	Proxy appointed under paragraph 3 of Schedule 2 to the Local Elections (Northern Ireland) Order 1985.
5	A peer who—is for the time being shown in the record kept under regulation 8 of the European Parliamentary Elections (Northern Ireland) Regulations 2004 as voting by proxy,is not for the time being shown in the record kept under paragraph 1 of Schedule 2 to the Local Elections (Northern Ireland) Order 1985 as voting by proxy, or was included in that record before being included in the record mentioned in paragraph (a) above, andis not within entry 1 or 2 in this table or entry 1, 2 or 4 in the table in paragraph (2).	Proxy appointed under regulation 10 of the European Parliamentary Elections (Northern Ireland) Regulations 2004[^f00051].

(4) In the case of a person who has an anonymous entry in a register, the postal voters list or list of proxies (as the case may be) must show in relation to the person only—

(a) his or her electoral number, and

(b) the date on which the person’s entitlement to remain registered anonymously will terminate under section 9C(1A) of the 1983 Act[^f00052] (in the absence of a further application under section 9B of that Act).

Proxies

75

(1) Subject to what follows, any person is capable of being appointed under this paragraph to vote as proxy for another (the “principal”) in the referendum.

(2) The principal cannot have more than one person at a time appointed as proxy to vote for him or her in the referendum.

(3) A person is capable of being appointed to vote as proxy only if—

(a) the person is not subject to any legal incapacity (age apart) to vote in the referendum in his or her own right, and

(b) the person is either a Commonwealth citizen or a citizen of the Republic of Ireland.

(4) Where the principal applies to the registration officer for the appointment of a proxy under this regulation, the registration officer must make the appointment if the application meets the requirements prescribed by the 2008 Regulations and the officer is satisfied that the principal is or will be—

(a) registered in a relevant register, and

(b) entitled to vote by proxy in the referendum by virtue of an application under regulation 73(1) or (5)(b),

and that the proxy is capable of being, and willing to be, appointed.

(5) The appointment of a proxy under this paragraph is to be made by means of a proxy paper, in the form set out in Form 21 in Schedule 4, issued by the registration officer.

(6) The appointment may be cancelled by the principal by giving notice to the registration officer and also ceases to be in force on the issue of a proxy paper appointing a different person under this paragraph to vote for the principal in the referendum.

76

(1) Subject to what follows, where a relevant proxy appointment is in force, the person appointed is entitled to vote as proxy for the person for whom the appointment was made (the “principal”).

(2) In paragraph (1) “relevant proxy appointment” means—

(a) in relation to a principal who is included in the list of proxies by virtue of entry 1 in the table in regulation 74(3), an appointment under regulation 75;

(b) in relation to a principal who is included in the list of proxies by virtue of entry 2 in that table, the appointment of the person mentioned in column 3 of that entry;

(c) in relation to a principal who is included in the list of proxies by virtue of entry 3 in that table, an appointment under section 8 of the 1985 Act for parliamentary elections;

(d) in relation to a principal who is a peer included in the list of proxies by virtue of entry 4 in that table, an appointment under paragraph 3 of Schedule 2 to the Local Elections (Northern Ireland) Order 1985;

(e) in relation to a principal who is a peer included in the list of proxies by virtue of entry 5 in that table, an appointment under regulation 10 of the European Parliamentary Elections (Northern Ireland) Regulations 2004.

(3) A person is capable of voting as proxy in the referendum only if—

(a) the person is not subject to any legal incapacity (age apart) to vote in the referendum in his or her own right, and

(b) the person is either a Commonwealth citizen or a citizen of the Republic of Ireland.

(4) A person is not capable of voting as proxy in the referendum unless on the date of the poll the person has attained the age of 18.

(5) A person is not entitled to vote as proxy in the referendum on behalf of more than two others of whom that person is not the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild.

Voting as proxy

77

(1) A person entitled to vote as proxy for another (the “principal”) in the referendum may do so in person at the polling station allotted to the principal under Part 2 unless the proxy is entitled to vote by post as proxy for the principal in the referendum, in which case the proxy may vote by post.

(2) But in the case of a person entitled to vote as proxy for an elector who has an anonymous entry in a register—

(a) paragraph (1) does not apply, and

(b) the person may only so vote by post (where the person is entitled as a proxy to vote by post in the referendum).

(3) Where a person is entitled to vote by post as proxy for the principal in the referendum, the principal may not apply for a ballot paper for the purpose of voting in person in the referendum.

(4) For the purposes of this Chapter of this Part and the 1983 Act a person entitled to vote as proxy for another in the referendum is entitled so to vote by post if the person is included in the list kept under paragraph (8).

(5) Where a person applies to the registration officer to vote by post as proxy in the referendum the officer must grant the application if—

(a) the officer is satisfied that the principal is or will be registered in a relevant register,

(b) the applicant is the subject of a relevant proxy appointment within the meaning of regulation 76(2),

(d) the application specifies an address in the United Kingdom as the address to which the ballot paper is to be sent, and

(e) the application meets the requirements prescribed by the 2008 Regulations.

(6) The conditions in this paragraph are that—

(a) the officer is satisfied that the applicant’s circumstances on the date of the poll will be or are likely to be such that the applicant cannot reasonably be expected to vote in person at the polling station allotted or likely to be allotted to the principal under Part 2,

(b) the applicant is, or the officer is satisfied that the applicant will be, included in the postal voters list or the list of proxies, or

(7) A person who is the subject of a relevant proxy appointment within the meaning of regulation 76(2)(b), (c) or (d) and who—

(a) is included in the record kept under section 9(6) of the 1985 Act[^f00053] (record of proxies who have applied to vote by post) in respect of parliamentary elections,

(b) is included in the record kept under paragraph 4(5) of Schedule 2 to the Local Elections (Northern Ireland) Order 1985 (record of proxies who have applied to vote by post), or

(c) is included in the record kept under regulation 11(5) of the European Parliamentary Elections (Northern Ireland) Regulations 2004 (record of proxies who have applied to vote by post),

may apply to the registration officer for his or her referendum ballot paper to be sent to a different address in the United Kingdom from that shown in the record, and the officer must grant the application if it meets the requirements prescribed by the 2008 Regulations.

(8) The registration officer must, in respect of the referendum, keep a special list (“the proxy postal voters list”) of those within column 2 of the following table, together with the addresses provided as mentioned in column 3 as the addresses to which their ballot papers are to be sent.

	Description of proxy postal voters	Address
1	A proxy whose application under paragraph (5) has been granted.	Address provided in the proxy’s application under paragraph (5).
2	A proxy who—was appointed as mentioned in column 3 of entry 2 in the table in regulation 74(3) for a person mentioned in column 2 of that entry, andis included in the proxy postal voters list for the poll in respect of which that appointment was made.	Address provided in the proxy’s application to vote by post as proxy in that poll.
3	A proxy who—was appointed as mentioned in column 3 of entry 3 in the table in regulation 74(3) for a person mentioned in column 2 of that entry, andis for the time being included in the record kept under section 9(6) of the 1985 Act.	Address provided in the proxy’s application under section 9(4) of the 1985 Act[^f00054] or (as the case may be) paragraph (7) above.
4	A proxy who—was appointed as mentioned in column 3 of entry 4 in the table in regulation 74(3) for a peer mentioned in column 2 of that entry, andis for the time being included in the record kept under paragraph 4(5) of Schedule 2 to the Local Elections (Northern Ireland) Order 1985.	Address provided in the proxy’s application under paragraph 4(4) of Schedule 2 to the Local Elections (Northern Ireland) Order 1985 or (as the case may be) paragraph (7) above.
5	A proxy who—was appointed as mentioned in column 3 of entry 5 in the table in regulation 74(3) for a peer mentioned in column 2 of that entry, andis for the time being included in the record kept under regulation 11(5) of the European Parliamentary Elections (Northern Ireland) Regulations 2004.	Address provided in the proxy’s application under regulation 11(4) of the European Parliamentary Elections (Northern Ireland) Regulations 2004 or (as the case may be) paragraph (7) above.

(9) In the case of a person who has an anonymous entry in a register, the proxy postal voters list must contain only—

(a) the person’s electoral number, and

(b) the date on which the person’s entitlement to remain registered anonymously will terminate under section 9C(1A) of the 1983 Act (in the absence of a further application under section 9B of that Act).

(10) Paragraph (3) does not prevent a person, at the polling station allotted to him or her, marking a tendered ballot paper in pursuance of regulation 37.

Offences

78

(1) If a person—

(a) in any declaration or form used for any of the purposes of this Chapter of this Part, makes a statement knowing it to be false, or

(b) attests an application under regulation 73 knowing—

(i) that he or she is not authorised to do so, or

(ii) that it contains a statement which is false,

that person commits an offence.

(2) A person guilty of an offence under paragraph (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(3) If a person provides false information in connection with an application under regulation 73(1) or 77(5), that person is guilty of an offence.

(4) In relation to a signature, “false information” for the purposes of paragraph (3), means a signature which—

(a) is not the usual signature of, or

(b) was written by a person other than,

the person whose signature it purports to be.

(5) A person does not commit an offence under paragraph (3) if the person did not know, and had no reason to suspect, that the information was false.

(6) Where sufficient evidence is adduced to raise an issue with respect to Act) the defence under paragraph (5), the court is to assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.

(7) A person guilty of an offence under paragraph (3) is liable on summary conviction to imprisonment for a term not exceeding 6 months or to a fine not exceeding level 5 on the standard scale, or to both.

PART 4 — APPLICATION AND AMENDMENT OF EXISTING LEGISLATION

Application of provisions of the Representation of the People Act 1983

79

Schedule 1 makes provision about the application of provisions of the 1983 Act for the purposes of the referendum.

Application of provisions of other Acts

80

Schedule 2 makes provision about the application of Acts (other than the 1983 Act) for the purposes of the referendum.

Application of existing provisions of regulations

81

Schedule 3 makes provision about the application of existing provisions of regulations for the purposes of the referendum.

Amendment of the European Parliamentary Elections Regulations 2004

82

Schedule 4 to the European Parliamentary Elections Regulations 2004 (Entitlement to Registration and Legal Incapacity to Vote in Gibraltar)[^f00055] is amended as follows:

(a) The existing words of paragraph 6[^f00056] become sub-paragraph (1).

(b) After that sub-paragraph insert—

(2) Where— (a) on the date this sub-paragraph comes into force, a person is registered under the law of Gibraltar as an elector for elections to the Gibraltar Parliament in respect of an address, and (b) that person is not for the time being registered in the register in respect of that address, that person is to be treated as having made, on the date this sub-paragraph comes into force, an application for registration in the register in respect of that address.

PART 5 — SUPPLEMENTARY

Forms

83

Schedule 4 specifies forms referred to in Parts 2 and 3.

SCHEDULE 1 — APPLICATION OF PROVISIONS OF THE REPRESENTATION OF THE PEOPLE ACT 1983

PART 1 — INTERPRETATION AND EXTENT

Interpretation of applied provisions: general

1

(1) In any provision of the 1983 Act as applied by this Schedule—

“Chief Counting Officer” has the meaning given by section 11(1) of the 2015 Act;

“counting agent” is to be read in accordance with regulation 23(10);

“counting officer” has the meaning given by paragraph 3 of Schedule 3 to the 2015 Act;

“declaration of identity” is to be read in accordance with regulation 17(1)(c);

“document” means a document in whatever form;

“Gibraltar conduct law” has the meaning given by section 11(1) of the 2015 Act;

“the Gibraltar registration officer” means the European electoral registration officer for Gibraltar (see section 14 of the European Parliament (Representation) Act 2003[^f00057]);

“list of proxies” has the meaning given by regulation 5;

“official mark” has the meaning given by regulation 12(1);

“permitted participant” has the meaning given by section 11(1) of the 2015 Act;

“polling agent” is to be read in accordance with regulation 23(10);

“postal voting statement” is to be read in accordance with regulation 17(1)(b);

“presiding officer” is to be read in accordance with regulation 19(1) and (2);

“the referendum” has the meaning given by section 11(1) of the 2015 Act;

“referendum agent” means a person appointed under paragraph 15 of Schedule 1 to the 2015 Act;

“Regional Counting Officer” has the meaning given by section 11(1) of the 2015 Act;

“tendered ballot paper” has the meaning given by regulation 37(1);

“vote” and “voter” have the meaning given by paragraph 2;

“voting area” has the meaning given by section 11(2) of the 2015 Act.

(2) Except where the context otherwise requires, in any provision of the 1983 Act as applied by this Schedule expressions defined for the purposes of that provision by any other provision of the 1983 Act have the meaning given by that other provision (see, in particular, the following provisions of the 1983 Act—

section 118[^f00058] (interpretation of Part 2),

section 185[^f00059] (interpretation of Part 3), and

section 202[^f00060] (general interpretation), as modified by paragraph 46 of this Schedule).

(3) Nothing in this Schedule which provides for a particular reference to a provision to be read as, or as including, a reference to that provision as applied by another provision is to be taken to limit the effect of section 20(2) of the Interpretation Act 1978[^f00061].

Meaning of “vote” in applied provisions

2

(1) In any provision of the 1983 Act as applied by this Schedule “vote” as a verb means vote in the referendum and includes (where the context allows)—

(a) voting as proxy, and

(b) voting by proxy,

but does not include voting in Gibraltar; and “vote” as a noun and “voter” are to be construed accordingly.

(2) For the purposes of sub-paragraph (1) a person votes “in Gibraltar” if—

(a) that person votes (on his or her own behalf or as proxy) in person in Gibraltar or by post under the law of Gibraltar relating to postal voting, or

(b) that person votes by proxy and the proxy votes in person in Gibraltar or by post under the law of Gibraltar relating to postal voting.

Extent of section 52 of the 1983 Act

3

For the purposes of the referendum, section 52(1), (1ZA), (1ZB) and (1A) of the 1983 Act[^f00062] (which extends to the whole of the United Kingdom) extends also to Gibraltar.

PART 2 — APPLICATION OF PROVISIONS

Alteration of registers pending the referendum: England, Wales and Scotland

4

(1) In relation to England, Wales and Scotland, section 13AB of the 1983 Act[^f00063] applies for the purposes of the referendum but as if—

(a) in subsection (1)(b) for “the relevant election area” there were substituted “the area for which the registration officer acts”,

(b) in subsection (4) for “an election to which this section applies” there were substituted “the referendum”,

(c) in subsection (5) for “the last day on which nomination papers may be delivered to the returning officer for the purposes of the election” there were substituted “the nineteenth working day before the date of the poll for the referendum”,

(ca) in subsection (6), for “the appropriate publication date” there were substituted “20 June 2016”,

(d) subsection (8) were omitted,

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) after subsection (9) there were inserted—

(10) In this section “working day” means a day that is not— (a) a Saturday or Sunday, (b) Christmas Eve, Christmas Day, Good Friday or any other day that is a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom, (c) a bank holiday or public holiday in Gibraltar under the Gibraltar Acts titled the Banking and Financial Dealings Act and the Interpretation and General Clauses Act, or (d) a day appointed in any part of the United Kingdom or Gibraltar as a day of public thanksgiving or mourning.

(2) In relation to England, Wales and Scotland, section 13B of the 1983 Act applies for the purposes of the referendum but as if—

(a) in subsection (1)—

(i) for “the fifth day before the date of the poll for an election to which this section applies” there were substituted “20 June 2016”, and

(ii) for “the election” there were substituted “the referendum”,

(b) in subsection (2)—

(i) in paragraph (a), for “the appropriate publication date in the case of an election to which this section applies” there were substituted “20 June 2016”,

(ii) in paragraph (b), for “the relevant election area” there were substituted “the area for which the registration officer acts”, and

(iii) in paragraph (c), for “the fifth day before the date of the poll” there were substituted “20 June 2016”,

(d) in each of subsections (3A) and (3C)—

(i) for “the appropriate publication date in the case of an election to which this section applies” there were substituted “20 June 2016”, and

(ii) for “the relevant election area” there were substituted “the area for which the registration officer acts”, and

(e) subsections (4) and (5) were omitted.

(3) A reference in any enactment to section 13AB or 13B of the 1983 Act includes (where the context allows) a reference to that section as applied by this paragraph.

(4) Sub-paragraph (3) has effect, in relation to any register, until the first publication after the referendum of a revised version of the register under section 13 of the 1983 Act.

Alteration of registers pending the referendum: Northern Ireland

5

(1) In relation to Northern Ireland, section 13BA of the 1983 Act[^f00065] applies for the purposes of the referendum but as if—

(a) in subsection (1)—

(i) for the words from “the final nomination day” to “this section applies” there were substituted “the eleventh day before the date of the poll for the referendum”, and

(ii) for “that election” there were substituted “the referendum”,

(b) in subsection (2)—

(i) for “an election to which this section applies” there were substituted “the referendum”, and

(ii) for “the final nomination day” there were substituted “the eleventh day before the date of the poll for the referendum”,

(c) in subsection (3A) for “the final nomination day” there were substituted “the eleventh day before the date of the poll for the referendum”,

(d) in subsection (5), for “an election to which this section applies” there were substituted “the referendum”,

(e) in each of subsections (7) and (8)—

(i) for “an election to which this section applies” there were substituted “the referendum”, and

(ii) for “the relevant election area” there were substituted “the area for which the registration officer acts”,

(f) subsection (12) were omitted, and

(g) for subsection (13) there were substituted—

(13) Subsection (6) of section 13B applies for the purposes of this section as it applies for the purposes of that section. (14) In this section, “the appropriate publication date”, in relation to the Chief Electoral Officer for Northern Ireland and the referendum, means either the sixth or the fifth day before the date of the poll for the referendum, as the Chief Electoral Officer may determine.

(2) A reference in any enactment to section 13BA of the 1983 Act includes (where the context allows) a reference to that section as applied by this paragraph.

(3) Sub-paragraph (2) has effect, in relation to any register, until the first publication after the referendum of a revised version of the register under section 13 of the 1983 Act.

Loan of equipment

6

Section 47 of the 1983 Act[^f00066] applies for the purposes of the referendum but as if—

(a) in subsection (1) the reference to the returning officer at a local government election included a counting officer for the referendum for a voting area anywhere in the United Kingdom, and

(b) in subsection (2) the reference to the returning officer at an election mentioned there included a counting officer for the referendum for a voting area in England, Wales or Scotland.

Effect of registers

7

(1) Section 49 of the 1983 Act[^f00067] applies for the purposes of the referendum but with the following modifications.

(2) Subsection (4) has effect for those purposes as if—

(a) for “any purpose of this Part relating to him as elector” there were substituted “any purpose of this Part, the European Union Referendum Act 2015 or the European Union Referendum (Conduct) Regulations 2016”, and

(b) for “as an elector except” to the end there were substituted “as a person entitled to vote by virtue of that entry unless the day fixed for the poll for the referendum is that or a later date”.

(3) Subsection (5) has effect for the purposes of the referendum as if the following were omitted—

(a) the words “prevent the rejection of the vote on a scrutiny, or”, and

(b) paragraph (b)(iv).

(4) For the avoidance of doubt, in section 49 of the 1983 Act as applied by this paragraph—

(a) “voting age” has the same meaning as in section 49 as it has effect apart from this Schedule, but

(b) “vote” as a verb is to be read in accordance with paragraph 2 of this Schedule.

Effect of misdescription

8

Section 50 of the 1983 Act applies for the purposes of the referendum but as if—

(a) the words “nomination paper,” were omitted, and

(b) for the words “and the parliamentary election rules” there were substituted “or by the European Union Referendum Act 2015 or the European Union Referendum (Conduct) Regulations 2016”.

Discharge of registration duties

9

(1) Section 52 of the 1983[^f00068] Act applies for the purposes of the referendum but with the following modifications.

(2) For those purposes, the following subsections are to be treated as substituted for subsection (1)—

(1) A registration officer shall comply with any general or special directions which may be given by the Secretary of State for the purposes of the referendum with respect to the arrangements to be made by that officer for carrying out— (a) any of that officer’s functions under Schedule 3 to the European Union Referendum Act 2015, (b) any of that officer’s functions under the European Union Referendum (Conduct) Regulations 2016, or (c) any of that officer’s functions under this Act. (1ZA) In subsection (1) the reference to a registration officer includes the Gibraltar registration officer, and in relation to that officer— (a) the reference in subsection (1)(b) to “the European Union Referendum (Conduct) Regulations 2016” is to be read as a reference to any regulations under section 4 of the European Union Referendum Act 2015 that extend to Gibraltar and Gibraltar conduct law, and (b) the reference in subsection (1)(c) to “this Act” is to be read as a reference to the Gibraltar Act titled the European Parliamentary Elections Act 2004. (1ZB) The Secretary of State may give a direction under subsection (1) only if it is in accordance with a recommendation made by the Electoral Commission.

(3) Subsection (1A) has effect for the purposes of the referendum as if after “registration officer” there were inserted “or the Gibraltar registration officer”.

(4) Subsections (2) and (4) each have effect for the purposes of the referendum as if after “this Act” there were inserted “, the European Union Referendum Act 2015 and the European Union Referendum (Conduct) Regulations 2016”.

Payment of expenses of registration

10

Section 54 of the 1983 Act[^f00069] applies for the purposes of the referendum but as if in subsection (1) after “2013” there were inserted “or the European Union Referendum Act 2015 or the European Union Referendum (Conduct) Regulations 2016”.

Registration appeals: England and Wales and Scotland

11

(1) In subsection (3) of section 56 of the 1983 Act[^f00070], the references to “an election” and “the election” include the referendum.

(2) For the purposes of the referendum the following subsection is to be treated as substituted for subsection (4A) of section 56 of the 1983 Act—

(4A) Where, as a result of the decision on an appeal, an alteration in the register made in pursuance of subsection (4) takes effect under section 13(5), 13A(2), 13AB(3), 13B(3) or (3B) or 13BC(3) or (6) on or before the date of the poll for the referendum, subsection (3) does not apply to that appeal as respects the referendum.

(3) References in this paragraph to section 56 of the 1983 Act include that section as applied by section 57 of that Act (registration appeals: Scotland).

Registration appeals: Northern Ireland

12

(1) In subsection (3) of section 58 of the 1983 Act[^f00071], the references to “an election” and “the election” include the referendum.

(2) For the purposes of the referendum, the following subsection is to be treated as substituted for subsection (5) of section 58 of the 1983 Act—

(5) Where, as a result of the decision on an appeal, an alteration in the register made in pursuance of subsection (4) takes effect under section 13(5), 13A(2), 13BA(6) or (9) or 13BC(3) or (6) on or before the date of the poll for the referendum, subsection (3) does not apply to that appeal as respects the referendum.

Offence of personation

13

Section 60 of the 1983 Act applies for the purposes of the referendum but as if in subsection (2)—

(a) for “at a parliamentary or local government election” there were substituted “in the referendum”, and

(b) for “whether as an elector or as proxy” there were substituted “whether or not as proxy”.

Other voting offences

14

(1) Section 61 of the 1983 Act[^f00072] applies for the purposes of the referendum but with the modifications in sub-paragraphs (2) to (4) below.

(2) For the purposes of the referendum, the following subsections are to be treated as substituted for subsections (1) to (4)—

(1) A person shall be guilty of an offence if— (a) he votes in person or by post, whether on his own behalf or as proxy, or applies to vote by proxy or by post on his own behalf, knowing that he is subject to a legal incapacity to vote; or (b) he applies for the appointment of a proxy to vote for him knowing that he is or the person to be appointed is subject to a legal incapacity to vote; or (c) he votes, whether in person or by post, as proxy for some other person knowing that that person is subject to a legal incapacity to vote. For the purposes of this subsection references to a person being subject to a legal incapacity to vote do not, in relation to things done before polling day, include his being below voting age if he will be of voting age on that day. (2) A person shall be guilty of an offence if— (a) he votes on his own behalf otherwise than by proxy more than once; or (b) he votes on his own behalf in person when he is entitled to vote by post; or (c) he votes on his own behalf in person knowing that a person appointed to vote as his proxy either has already voted in person or is entitled to vote by post; or (d) he applies under Part 3 of the European Union Referendum (Conduct) Regulations 2016 for a person to be appointed as his proxy to vote for him without applying for the cancellation of a previous appointment of a third person then in force under that Part or without withdrawing a pending application for such an appointment. (3) A person shall be guilty of an offence if— (a) he votes as proxy for the same person more than once; or (b) he votes in person as proxy for another person and he is entitled to vote by post as proxy for that person; or (c) he votes in person as proxy for another person and he knows that other person has already voted in person. (4) A person shall also be guilty of an offence if he votes as proxy for more than two persons of whom he is not the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild.

(3) Subsection (6A) has effect for the purposes of the referendum as if for the words from “in pursuance of” to the end there were substituted “in reliance on Case 3, 4, 5 or 6 in regulation 37 of the European Union Referendum (Conduct) Regulations 2016”.

(4) For the purposes of the referendum the following are to be treated as omitted—

(a) subsection (6B);

(b) subsection (7)(b).

(5) Paragraph 2(1) of this Schedule (meaning of “vote”) does not apply for the purposes of—

(a) subsection (2)(a) and (c), or

(b) subsection (3)(a) and (c),

of section 61 of the 1983 Act as applied by this paragraph, and in those provisions “vote” is to be read in accordance with sub-paragraphs (6) and (7).

(6) In subsections (2)(a) and (3)(a) “vote” means vote in the referendum (and does not exclude voting in Gibraltar).

(7) In subsections (2)(c) and (3)(c)—

(a) references to voting in person are to voting in the referendum in person either in the United Kingdom or Gibraltar, and

(b) references to voting by post are to voting in the referendum by post, either under the law of the United Kingdom relating to postal voting or under the law of Gibraltar relating to postal voting.

(8) But—

(a) a person does not commit an offence under subsection (2)(a) or (3)(a) of section 61 of the 1983 Act as applied by this paragraph unless at least one of the votes mentioned in subsection (2)(a) or (3)(a) (as the case may be) is a vote in the United Kingdom;

(b) a person does not commit an offence under subsection (2)(c) of section 61 of the 1983 Act as so applied unless either or both of the following apply—

(i) the person’s vote on his own behalf is a vote in person in the United Kingdom;

(ii) the proxy’s vote (or entitlement to a postal vote) is a vote in (or an entitlement to a postal vote in) the United Kingdom;

(c) a person does not commit an offence under subsection (3)(c) of section 61 of the 1983 Act as so applied unless at least one of the votes mentioned in subsection (3)(c) is a vote in person in the United Kingdom.

(9) In sub-paragraph (6) the reference to voting “in Gibraltar” is to voting—

(a) in person in Gibraltar, or

(b) by post under the law of Gibraltar relating to postal voting,

and in sub-paragraph (8) references to a vote “in the United Kingdom” are to be read accordingly.

Offences relating to applications for absent voting

15

Section 62A(1) to (5) of the 1983 Act[^f00073] applies for the purposes of the referendum but as if—

(a) in subsection (1)(a) the words “at a parliamentary or local government election” were omitted, and

(b) in subsection (2)(c) for “returning officer” there were substituted “counting officer”.

Breach of official duty

16

Section 63 of the 1983 Act[^f00074] applies for the purposes of the referendum but as if for subsections (3) and (4) there were substituted—

(3) The persons to whom this section applies are— (a) the Chief Counting Officer, (b) any Regional Counting Officer, (c) any counting officer, (d) any registration officer, (e) the Gibraltar registration officer, (f) any presiding officer, or any equivalent officer in Gibraltar, (g) any official designated by a universal postal service provider (within the meaning given by section 202), and (h) any deputy of a person mentioned in any of paragraphs (a) to (g) above or any person appointed to assist, or in the course of his employment assisting, a person so mentioned in connection with his official duties; and “official duty” shall for the purposes of this section be construed accordingly, but shall not include duties imposed otherwise than by this Act, the European Union Referendum Act 2015 or regulations under section 4 of that Act, Gibraltar conduct law, the Gibraltar Act titled the European Parliamentary Elections Act 2004 or the law of the United Kingdom or of Gibraltar relating to referendums. (4) Where— (a) a Regional Counting Officer or counting officer is guilty of an act or omission in breach of his official duty, but (b) he remedies that act or omission in full by taking steps under paragraph 9 of Schedule 3 to the European Union Referendum Act 2015, he shall not be guilty of an offence under subsection (1) above.

Tampering with papers

17

(1) Section 65 of the 1983 Act[^f00075] applies for the purposes of the referendum but with the following modifications.

(2) Subsection (1) has effect for those purposes as if—

(a) for “at a parliamentary or local government election” there were substituted “in the referendum”,

(b) paragraph (a) were omitted, and

(3) But nothing in that subsection is to be taken to apply to anything done in connection with the referendum so far as held in Gibraltar.

(4) For the purposes of the referendum the following subsection is to be treated as substituted for subsection (2)—

(2) In Scotland, a person shall be guilty of an offence if— (a) in the referendum, he forges or counterfeits any ballot paper or the official mark on any ballot paper; or (b) he fraudulently or without due authority, as the case may be, attempts to do any of those things.

(5) Subsection (3) has effect for the purposes of the referendum as if for “a returning officer” there were substituted “the Chief Counting Officer, a Regional Counting Officer, a counting officer”.

Requirement of secrecy

18

(1) Section 66(1) to (6) of the 1983 Act[^f00076] applies for the purposes of the referendum but with the following modifications.

(2) Subsection (1) has effect for those purposes as if—

(a) for paragraphs (a) to (c) there were substituted—

(a) the Chief Counting Officer, and every Regional Counting Officer and counting officer, attending at a polling station in the United Kingdom, (b) every deputy of such an officer so attending, (c) every presiding officer and clerk so attending, (d) every referendum agent, polling agent and counting agent so attending, and (e) every person so attending by virtue of any of sections 6A to 6D of the Political Parties, Elections and Referendums Act 2000,

(b) in paragraph (i) for “elector or proxy for an elector” there were substituted “person”, and

(3) The references in subsections (1) and (4) to the closure of the poll are to be read, in relation to the referendum, as references to the closure of the poll in the United Kingdom or Gibraltar, whichever is the later.

(4) Subsections (2)(b), (3)(b) and (c), (4)(d) and (5) have effect for the purposes of the referendum as if for “the candidate for whom” there were substituted “the referendum answer for which”.

(5) Subsection (3)(d) has effect for those purposes as if for “the name of the candidate for whom” there were substituted “the referendum answer for which”.

(6) Subsection (5) has effect for those purposes as if—

(a) for “blind voter” there were substituted “voter with disabilities”, and

(b) at the end there were inserted—

“Voter with disabilities” has the meaning given by regulation 36(11) of the the European Union Referendum (Conduct) Regulations 2016.

Prohibition on publication of exit polls

19

(1) Section 66A of the 1983 Act[^f00077] applies for the purposes of the referendum but with the following modifications.

(2) Subsection (1) has effect for those purposes as if “the referendum” were substituted for each of the following—

(a) “an election to which this section applies”, and

(b) “the election” (in both places).

(3) For the purposes of the referendum subsection (2) is to be treated as omitted.

(4) Subsection (4) has effect for the purposes of the referendum as if for the words after “whatever means” there were substituted—

and the reference to a forecast as to the result of the referendum includes a forecast as to the number or proportion of votes expected to be cast for each answer to the referendum question in any region, voting area or other area.

(5) In section 66A of the 1983 Act as applied by this paragraph—

(a) the reference in subsection (1) to the closure of the poll is to be read as a reference to the closure of the poll in the United Kingdom or Gibraltar, whichever is the later, and

(b) the references in subsection (1)(a) to “voters” include any voters in the referendum, whether voting in the United Kingdom or Gibraltar, and “vote” is to be read accordingly,

and, accordingly, paragraph 2(1) of this Schedule (meaning of “vote”) does not apply in relation to that section.

(6) In subsection (4) of that section as so applied, the references to the public are to the public in the United Kingdom.

Failure to comply with conditions relating to supply etc of documents

20

Section 66B of the 1983 Act[^f00078] applies for the purposes of the referendum, but as if in subsection (1)(a) for “imposed in pursuance of regulations under rule 57 of the parliamentary election rules” there were substituted “to which the right to inspect or be supplied with a document or part of document under regulation 58 of the European Union Referendum (Conduct) Regulations 2016 is subject under paragraph (5)(a) of that regulation”.

Broadcasting from outside UK

21

Section 92 of the 1983 Act[^f00079] applies for the purposes of the referendum but as if in subsection (1)—

(a) for “at a parliamentary or local government election” there were substituted “in the referendum”, and

(b) for “the election” there were substituted “the referendum”.

Imitation poll cards

22

(1) Section 94(1) of the 1983 Act[^f00080] applies for the purposes of the referendum but as if for “the election of any candidate at a parliamentary election or a local government election to which this section applies” there were substituted “a particular result in the referendum”.

(2) The references in section 94(1) to poll cards do not include poll cards for the purposes of the referendum so far as held in Gibraltar.

Disturbances at meetings

23

Section 97 of the 1983 Act[^f00081] applies for the purposes of the referendum but as if for subsection (2) there were substituted—

(2) This section applies to a meeting in connection with the referendum which— (a) is held by a permitted participant during the referendum period (within the meaning given by paragraph 1 of Schedule 1 to the European Union Referendum Act 2015), and (b) is held in the United Kingdom.

Premises used for referendum meetings in Scotland or Northern Ireland

24

Section 98 of the 1983 Act[^f00082] applies for the purposes of the referendum but as if the reference to public meetings in furtherance of any person’s candidature at a parliamentary or local government election included public meetings to promote or procure a particular result in the referendum.

Officials not to act for candidates

25

Section 99 of the 1983 Act[^f00083] applies for the purposes of the referendum but as if for subsection (1) there were substituted—

(1) If— (a) the Chief Counting Officer, (b) any Regional Counting Officer, (c) any counting officer for a voting area in the United Kingdom, (d) any officer, deputy or clerk appointed by a person mentioned in paragraph (a), (b) or (c), or (e) any officer whose services have been placed at the disposal of a counting officer or Regional Counting Officer under paragraph 6(1) of Schedule 3 to the European Union Referendum Act 2015, acts as a referendum agent for a permitted participant, he shall be guilty of an offence.

Illegal canvassing by police officers

26

Section 100 of the 1983 Act[^f00084] applies for the purposes of the referendum but as if in subsection (1)—

(a) for “as an elector” there were substituted “on that person’s own behalf”, and

(b) the words after “proxy” were omitted.

Payments for exhibition of election notices

27

Section 109 of the 1983 Act applies for the purposes of the referendum but as if—

(a) in subsection (1) for “the election of a candidate at an election” there were substituted “a particular result in the referendum”,

(b) in subsection (2) for “an election” there were substituted “the referendum”, and

(3) In this section “elector” means a person entitled to vote on his own behalf.

Prohibition of paid canvassers

28

(1) Section 111 of the 1983 Act applies for the purposes of the referendum but as if—

(a) for “an election” there were substituted “the referendum”, and

(b) for “a candidate’s election” there were substituted “a particular result in the referendum”.

(2) But nothing in that section applies in relation to canvassing in Gibraltar in connection with the referendum.

Providing money etc for illegal purposes

29

Section 112 of the 1983 Act applies for the purposes of the referendum but as if—

(a) the reference in paragraph (a) to the provisions of the 1983 Act were to any provision of the 1983 Act as applied by this Schedule, and

(b) the following were omitted—

(i) paragraph (b),

(ii) in paragraph (c) the words “or expenses”, and

(iii) the words “or the incurring of the expenses”.

Bribery

30

(1) Section 113 of the 1983 Act[^f00085] applies for the purposes of the referendum but with the following modifications.

(2) Subsection (2) has effect for those purposes as if—

(a) for “the return of any person at an election” (in the first two places) there were substituted “a particular result in the referendum”, and

(b) paragraph (iii) were omitted.

(3) Subsection (3) has effect for those purposes as if for “at any election” (in both places) there were substituted “in the referendum”.

(4) Each of subsections (4), (5) and (6) has effect for those purposes as if for “an election” there were substituted “the referendum”.

Treating

31

Section 114 of the 1983 Act applies for the purposes of the referendum but as if—

(a) in subsection (2) for “an election” there were substituted “the referendum”, and

(b) in subsection (3) for “Every elector or his proxy” there were substituted “Every person entitled to vote on his own behalf, and every proxy of such a person,”.

Undue influence

32

Section 115 of the 1983 Act[^f00086] applies for the purposes of the referendum but as if after subsection (2) there were inserted—

(3) In this section “elector” means a person entitled to vote on his own behalf.

Rights of creditors where applied provision prohibits payments

33

In section 116 of the 1983 Act the reference to the provisions of Part 2 of that Act prohibiting payments and contracts for payments includes any such provision as applied by this Schedule.

Saving for employees to be absent for voting

34

Section 117(2) of the 1983 Act applies for the purposes of the referendum but as if—

(a) for “parliamentary electors or their proxies” there were substituted “persons entitled to vote (on their own behalf or as proxies)”,

(b) the words “at a parliamentary election” were omitted, and

(c) in paragraphs (b) and (c), for “any particular candidate at the election” there were substituted “a particular answer in the referendum”.

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.