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

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(b) the reference in subsection (1)(a) to section 60 or 62A includes either of those sections as so applied, and

(c) the reference in subsection (7) to the offence of bribery or treating includes an offence under section 113 or 114 of the 1983 Act as applied by this Schedule.

Prosecution and conviction of illegal practice and illegal payments

38

In sections 169[^f00090], 170, 173[^f00091], 173A[^f00092] and 175(1) and (3)[^f00093] of the 1983 Act—

(a) references to an illegal practice include an illegal practice under a provision of the 1983 Act as applied by this Schedule,

(b) references to a corrupt practice include a corrupt practice under such a provision, and

(c) references to an offence of illegal payment or employment include an offence of illegal payment or employment under such a provision;

and in section 173(2) any reference to a corrupt practice or illegal practice under a section mentioned there includes a reference to a corrupt practice or illegal practice under that section as applied by this Schedule.

Time limit for prosecutions

39

(1) In section 176 of the 1983 Act[^f00094], the reference in subsection (1) to any offence under any provision contained in the 1983 Act includes any offence under any such provision as applied by this Schedule.

(2) Subsections (2) to (2G) of section 176 of the 1983 Act have effect in relation to such an offence (“a referendum offence”) with the following modifications.

(3) Subsection (2C) has effect in relation to a referendum offence as if for “rule 57 of the parliamentary elections rules” there were substituted “regulation 58 of the European Union Referendum (Conduct) Regulations 2016”.

(4) Subsection (2D) has effect in relation to a referendum offence as if for paragraph (a) there were substituted—

(a) directing the registration officer not to cause the documents to be destroyed at the expiry of the period of one year mentioned in regulation 58 of the European Union Referendum (Conduct) Regulations 2016,

Prosecution of offences committed outside the United Kingdom

40

In section 178 of the 1983 Act[^f00095] the reference to an offence under that Act includes an offence under any provision of that Act as applied by this Schedule.

Offences by associations

41

In section 179 of the 1983 Act[^f00096]—

(a) the reference to any corrupt or illegal practice includes any corrupt or illegal practice under any provision of the 1983 Act as applied by this Schedule, and

(b) the reference to any illegal payment, employment or hiring includes any illegal payment or employment under any such provision.

Director of Public Prosecutions

42

In section 181(1) of the 1983 Act[^f00097] the reference to any offence under that Act includes any offence under any provision of that Act as applied by this Schedule.

Service of notices

43

Section 184 of the 1983 Act[^f00098] applies for the purposes of the referendum but as if in subsection (1)—

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

(b) for the words from “the High Court” to “any election court” there were substituted “the High Court or the county court”, and

Computation of time for purposes of Part 3

44

In section 186 of the 1983 Act the reference to Part 3 of that Act includes any provision of that Part as applied by this Schedule.

Translations etc of certain documents

45

(1) Section 199B(1) to (9) of the 1983 Act[^f00099] applies for the purposes of the referendum but with the following modifications.

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

(1) Subsections (2) and (3) below apply to any document which under or by virtue of this Act, the European Union Referendum Act 2015 or the European Union Referendum (Conduct) Regulations 2016 is required or authorised— (a) to be given to voters, or (b) to be displayed in any place in the United Kingdom, for the purposes of the referendum.

(3) Subsection (4) has effect for the purposes of the referendum as if paragraph (a) were omitted.

(4) For the purposes of the referendum the following subsections are to be treated as substituted for subsections (5) to (7)—

(5) The counting officer for a voting area in the United Kingdom may cause to be displayed at every polling station in that area an enlarged sample copy of the ballot paper. (6) The sample copy mentioned in subsection (5) above— (a) must have printed on it the words “Put a cross (X) in one box only” both at the top and immediately below the referendum question, and (b) below the second occurrence of those words, may include a translation of those words into such other languages as the counting officer thinks appropriate. (7) The counting officer for a voting area in the United Kingdom must provide at every polling station in that area an enlarged hand-held sample copy of the ballot paper for the assistance of voters who are partially sighted.

(5) Subsection (9) has effect for the purposes of the referendum as if for “returning officer” there were substituted “counting officer”.

General interpretation

46

In its application for the purposes of any provision of the 1983 Act as applied by this Schedule, section 202 of the 1983 Act[^f00100] has effect as if in subsection (1)—

(a) for the definition of “list of proxies” there were substituted—

“list of proxies” is to be read in accordance with paragraph 1(1) of Schedule 1 to the European Union Referendum (Conduct) Regulations 2016;

, and

(b) for the definition of “voter” and “vote” there were substituted—

“vote” and “voter” are to be read in accordance with paragraph 2(1) of Schedule 1 to the European Union Referendum (Conduct) Regulations 2016 (subject to any provision to the contrary in that Schedule).

General application to Scotland

47

Section 204(3), (5) and (8) of the 1983 Act applies for the purposes of any provision of the 1983 Act as applied by this Schedule, so far as that provision applies to Scotland.

General application to Northern Ireland

48

Section 205 of the 1983 Act[^f00101] applies for the purposes of any provision of the 1983 Act as applied by this Schedule, so far as that provision applies to Northern Ireland.

Premises used for poll: Scotland and Northern Ireland

49

Rule 22(3) in Schedule 1 to the 1983 Act[^f00102] applies for the purposes of the referendum but as if the reference to use for the purpose of taking the poll in an election included use by a counting officer for the purpose of taking the poll in the referendum.

SCHEDULE 2 — APPLICATION OF PROVISIONS OF OTHER ACTS

PART 1 — POLITICAL PARTIES, ELECTIONS AND REFERENDUMS ACT 2000

Attendance of representatives of Electoral Commission at referendum proceedings

1

Section 6A of the 2000 Act[^f00103] has effect for the purposes of the referendum as if for subsection (4) there were substituted—

(4) In this section, “the relevant counting officer” means, in relation to proceedings at the referendum under section 1 of the European Union Referendum Act 2015, the counting officer for the voting area to which the proceedings relate (determined in accordance with paragraph 3 of Schedule 3 to that Act).

Observation of working practices by representatives of the Electoral Commission

2

Section 6B of the 2000 Act[^f00104] has effect for the purposes of the referendum as if—

(a) for subsection (1)(c) there were substituted—

(c) a counting officer for the referendum under section 1 of the European Union Referendum Act 2015

, and

(b) subsection (2)(a) were omitted.

Accredited observers of referendum proceedings

3

Section 6C of the 2000 Act[^f00105] has effect for the purposes of the referendum as if the following subsection were inserted after subsection (1)—

(1A) In subsection (1)(c) the reference to “proceedings at the counting of votes” includes proceedings of— (a) a Regional Counting Officer in connection with the officer’s duty to certify the matters specified in paragraph 7(4) of Schedule 3 to the European Union Referendum Act 2015, and (b) the Chief Counting Officer in connection with the officer’s duty to certify the matters specified in section 128(6).

4

Section 6D of the 2000 Act[^f00106] has effect for the purposes of the referendum as if the following subsection were inserted after subsection (1)—

(1A) In subsection (1)(c) the reference to “proceedings at the counting of votes” includes proceedings of— (a) a Regional Counting Officer in connection with the officer’s duty to certify the matters specified in paragraph 7(4) of Schedule 3 to the European Union Referendum Act 2015, and (b) the Chief Counting Officer in connection with the officer’s duty to certify the matters specified in section 128(6).

Provision to the Electoral Commission of information about expenditure

5

Section 9C of the 2000 Act[^f00107] has effect for the purposes of the referendum as if for subsection (2)(c) there were substituted—

(c) in the case of a counting officer for the referendum under section 1 of the European Union Referendum Act 2015, expenditure in connection with that referendum.

Right to use rooms for holding public meetings

6

Paragraph 2(3) of Schedule 12 to the 2000 Act has effect for the purposes of the referendum as if after “public funds” there were inserted “, Gibraltar public funds”.

PART 2 — APPLICATION OF OTHER ENACTMENTS

Premises used for referendum purposes in England and Wales

7

Section 65(6) of the Local Government Finance Act 1988[^f00108] (which makes provision for England and Wales corresponding to section 98 of and rule 22(3) in Schedule 1 to the 1983 Act) applies for the purposes of the referendum but as if—

(a) the reference in paragraph (a) to public meetings in furtherance of a person’s candidature at a parliamentary or local government election included public meetings to promote or procure a particular result in the referendum, and

(b) the reference in paragraph (b) to use by a returning officer for the purpose of taking the poll in a parliamentary or local government election included use by a counting officer for the purpose of taking the poll in the referendum.

Restriction on powers of arrest at polling station by persons other than constables

8

Section 71 of the Electoral Administration Act 2006[^f00109] applies for the purposes of the referendum but as if the reference to an offence under section 60 of the 1983 Act were a reference to an offence under that section as applied by Schedule 1.

SCHEDULE 3 — APPLICATION OF EXISTING PROVISIONS OF REGULATIONS

PART 1 — THE 2001 REGULATIONS (ENGLAND AND WALES) AND THE 2001 REGULATIONS (SCOTLAND)

Preliminary

1

(1) In this Part of this Schedule the “relevant regulations” means—

(a) the Representation of the People (England and Wales) Regulations 2001 (referred to in this Part of this Schedule as “the England and Wales Regulations”), and

(b) the Representation of the People (Scotland) Regulations 2001 (referred to in this Part of this Schedule as “the Scotland Regulations”).

(2) In any provision of the relevant regulations as applied by this Part of this Schedule—

(a) expressions defined by section 11 of the 2015 Act have the meaning given by that section, and

(b) expressions defined by regulation 5 have the meaning given by that regulation.

(3) Sub-paragraph (2) does not apply to the extent that the context otherwise requires.

2

The following provisions of the relevant regulations apply for the purposes of the referendum—

(a) regulation 3(1) and (3) (interpretation)[^f00110];

(b) regulation 5 (applications, notices etc)[^f00111];

(d) regulation 11 (interference with notices etc);

(e) regulation 32A (representations regarding clerical errors)[^f00113];

(f) regulation 36A (communication of notices issued on polling day)[^f00114];

(g) regulation 55A (additional requirements for applications for an emergency proxy vote)[^f00115];

(h) regulation 62 (marked register for polling stations)[^f00116];

(i) regulation 120 (calculating the fee for supply of marked registers or lists)[^f00117].

Forms

3

(1) Regulation 4 of the relevant regulations (forms)[^f00118] applies for the purposes of the referendum but with the following modifications.

(2) Paragraph (1) has effect for the purposes of the referendum as if—

(a) after paragraph (b) there were inserted—

, and (c) applications made under Chapter 1 of Part 3 of the European Union Referendum (Conduct) Regulations 2016.

(b) after “an election” there were inserted “or the referendum”.

(3) Paragraph (2) has effect for the purposes of the referendum only in so far as it relates to Form K in Schedule 3 to the relevant regulations.

Computation of time

4

Regulation 8 of the relevant regulations (time)[^f00119] has effect for the purposes of the referendum as if in paragraph (2) for “regulation 56(6)” there were substituted “regulations 56(6) and 78A(5)”.

Restriction on supply etc of record of anonymous entries

5

Regulation 45B(2) of the Scotland Regulations (duties of registration officers etc in relation to record of anonymous entries)[^f00120] has effect for the purposes of the referendum as if—

(a) after sub-paragraph (a) there were treated as inserted—

(aa) a deputy of the registration officer acting in that other capacity;

, and

(b) the references in sub-paragraph (b) to “that officer” were treated as references to “a person mentioned in sub-paragraph (a) or (aa)”.

General requirements for applications for an absent vote

6

(1) Regulation 51 of the relevant regulations (general requirements for applications for an absent vote)[^f00121] has effect for the purposes of the referendum with the following modifications.

(2) Paragraph (1) has effect for those purposes as if after “Schedule 4” there were inserted “or Chapter 1 of Part 3 of the European Union Referendum (Conduct) Regulations 2016”.

(3) Paragraph (2) has effect for the purposes of the referendum as if—

(a) in sub-paragraph (b), after “Schedule 4” there were inserted “or regulation 66(4) or (5) of the European Union Referendum (Conduct) Regulations 2016”, and

(b) in sub-paragraph (f), after “Schedule 4” there were inserted “or regulation 62 or 66 of the European Union Referendum (Conduct) Regulations 2016,”.

(4) For the purposes of the referendum the following paragraph is to be treated as inserted after paragraph (5)—

(5A) An application that is made under Chapter 1 of Part 3 of the European Union Referendum (Conduct) Regulations 2016 for the purposes of the referendum must state that it is so made.

Signature of application for absent vote

7

Regulation 51A(a) of the relevant regulations (requirements that applications for an absent vote must be signed)[^f00122] has effect for the purposes of the referendum as if—

(a) after “Schedule 4” there were inserted “or Chapter 1 of Part 3 of the European Union Referendum (Conduct) Regulations 2016”, and

(b) for “or the returning officer” there were substituted “, the returning officer or the counting officer”.

Address to which to send ballot paper: requirements if different to address in application

8

Regulation 51AA(1) of the relevant regulations (additional requirement for applications for ballot paper to be sent to different address from that in application)[^f00123] has effect for the purposes of the referendum as if—

(a) in sub-paragraph (a), after “Schedule 4” there were inserted “or regulation 62(1) of the European Union Referendum (Conduct) Regulations 2016”, and

(b) in sub-paragraph (b), after “Schedule 4” there were inserted “or regulation 66(4) of the European Union Referendum (Conduct) Regulations 2016”.

Address to which to send ballot paper: requirements if different to address in records

9

Regulation 51B of the relevant regulations (additional requirement for applications for ballot paper to be sent to different address from that in records)[^f00124] applies for the purposes of the referendum but as if for sub-paragraphs (a) and (b) of paragraph (1) there were substituted “regulation 62(5)(a) or 66(5) of the European Union Referendum (Conduct) Regulations 2016 by a person shown as voting by post in the record referred to in that provision.”

Applications for appointment of a proxy

10

Regulation 52 of the relevant regulations (additional requirements for applications for appointment of proxy) has effect for the purposes of the referendum as if after “Schedule 4” there were inserted “or regulation 64(4) of the European Union Referendum (Conduct) Regulations 2016”.

Additional requirements for applications for proxy to vote

11

(1) Regulation 55 of the relevant regulations (additional requirement for applications for proxy to vote) applies for the purposes of the referendum but with the following modifications.

(2) For those purposes the following paragraph is to be treated as substituted for paragraph (1)—

(1) An application under regulation 62(2) of the European Union Referendum (Conduct) Regulations 2016 to vote by proxy in the referendum is to set out why 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 to the applicant under Part 2 of those Regulations.

(3) Paragraph (2) has effect for the purposes of the referendum as if—

(a) for “paragraph 4(2) of Schedule 4” there were substituted “regulation 62(2) of the European Union Referendum (Conduct) Regulations 2016”, and

(b) for “at the election for which it is made” there were substituted “for the referendum”.

(4) Paragraph (3A) of the England and Wales Regulations and paragraph (4) of the Scotland Regulations has effect for the purposes of the referendum as if—

(a) for “paragraph 4(2) of Schedule 4” there were substituted “regulation 62(2) of the European Union Referendum (Conduct) Regulations 2016”, and

(b) for “at the election for which it is made” there were substituted “for the referendum”.

(5) Paragraph (4) of the England and Wales Regulations and paragraph (3A) of the Scotland Regulations has effect for the purposes of the referendum as if—

(a) for “paragraph 4(2) of Schedule 4” there were substituted “regulation 62(2) of the European Union Referendum (Conduct) Regulations 2016”,

(b) for “paragraph 2(5A) of that Schedule” there were substituted “regulation 60(7) of those Regulations”, and

Closing date for applications

12

(1) Regulation 56 of the relevant regulations (closing date for applications)[^f00125] has effect for the purposes of the referendum with the following modifications.

(2) For those purposes the following paragraph is to be treated as substituted for paragraph (1)—

(1) An application under paragraph 3(1), (6) or (7) or 7(4) of Schedule 4 to the 2000 Act or an application under regulation 66(4) of the European Union Referendum (Conduct) Regulations 2016 shall be disregarded for the purposes of the referendum, and an application under regulation 62(5) of the European Union Referendum (Conduct) Regulations 2016 shall be refused, if it is received by the registration officer after 5 pm on the eleventh day before the date of the poll for the referendum.

(3) Paragraph (2) has effect for the purposes of the referendum as if—

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

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

(4) For the purposes of the referendum the following paragraphs are to be treated as substituted for paragraphs (3) and (3A)—

(3) Subject to paragraph (3A), an application under regulation 62(2) or 64(4) of the European Union Referendum (Conduct) Regulations 2016 shall be refused if it is received by the registration officer after 5 pm on the sixth day before the date of the poll for the referendum. (3A) Where an application made under regulation 62(2) of the European Union Referendum (Conduct) Regulations 2016 is made— (a) on the grounds of the applicant’s disability and the applicant became disabled after 5 pm on the sixth day before the date of the poll for the referendum; or (b) on grounds relating to the applicant’s occupation, service or employment and the applicant became aware of those grounds after 5 pm on the sixth day before the date of the poll for the referendum; or (c) by a person to whom regulation 60(7) of those Regulations applies, the application, or an application under regulation 64(4) of those Regulations made by virtue of that application, is to be refused if it is received after 5pm on the day of the poll for the referendum.

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

(4) An application under regulation 62(1) or 66(5) of the European Union Referendum (Conduct) Regulations 2016 is to be refused if it is received by the registration officer after 5 pm on the eleventh day before the date of the poll for the referendum.

(6) Paragraph (5) has effect for the purposes of the referendum as if—

(a) after “paragraph 6(10) of that Schedule by an elector” there were treated as inserted “, or a notice under regulation 64(6) of the European Union Referendum (Conduct) Regulations 2016 by a person,”,

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

(7) Paragraph (5A) has effect for the purposes of the referendum as if for “a particular parliamentary or local government election” there were substituted “the referendum”.

(8) For the purposes of the referendum the following paragraph is to be treated as substituted for paragraphs (6) and (7)—

(6) In computing a period of days for the purposes of this regulation the following days are to be disregarded— (a) a Saturday or Sunday, and (b) Christmas Eve, Christmas Day, Good Friday and any other day that is a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom.

Grant or refusal of applications

13

(1) Regulation 57 of the relevant regulations (grant or refusal of applications)[^f00126] has effect for the purposes of the referendum with the following modifications.

(2) For those purposes, paragraph (3) is treated as omitted.

(3) Paragraph (4) has effect for the purposes of the referendum as if after “Schedule 4” there were inserted “or Chapter 1 of Part 3 of the European Union Referendum (Conduct) Regulations 2016”.

(4) Paragraph (4A) has effect for the purposes of the referendum as if after sub-paragraph (b) there were inserted—

, or (c) regulation 62(5)(a) of the European Union Referendum (Conduct) Regulations 2016 by a person shown as voting by post in a record mentioned in that provision, or (d) regulation 66(5) of those Regulations by a person shown as voting by post in a record mentioned in that provision,

(5) Paragraph (4B) has effect for the purposes of the referendum as if after “Schedule 4” there were inserted “or regulation 62(5)(a) or 66(5) of the European Union Referendum (Conduct) Regulations 2016”.

(6) Paragraph (5) has effect for the purposes of the referendum as if for “any particular parliamentary or local government election,” there were substituted “the referendum”.

(7) For the purposes of the referendum the following paragraph is to be treated as inserted after paragraph (6)—

(7) Where the registration officer is not the counting officer for any voting area or part of a voting area in the area for which he is the registration officer, he shall send to that officer details of any application to vote by post which he has granted as soon as practicable after doing so.

Cancellation of proxy appointment

14

Regulation 59 of the relevant regulations (cancellation of proxy appointment) has effect for the purposes of the referendum as if—

(a) after “paragraph 6(10) of Schedule 4” there were inserted “or regulation 64(6) of the European Union Referendum (Conduct) Regulations 2016”,

(b) for “that provision” there were substituted “either of those provisions”,

(d) after “paragraph 3(4)(c) of Schedule 4” there were inserted “or the list of proxies kept under regulation 63(3) of the European Union Referendum (Conduct) Regulations 2016”.

Requirement to provide fresh signatures every 5 years

15

(1) Regulation 60A of the relevant regulations (requirement to provide fresh signatures)[^f00127] has effect for the purposes of the referendum with the following modifications.

(2) Paragraph (7) has effect for those purposes as if for the words from “kept under” to the end there were substituted “kept under regulation 63(2), 63(3) or 66(6) of the European Union Referendum (Conduct) Regulations 2016.”

(3) Paragraph (8) has effect for the purposes of the referendum as if—

(a) in sub-paragraph (a), at the end there were inserted “or under Part 2 of the European Union Referendum (Conduct) Regulations 2016 (as the case may be)”, and

(b) in sub-paragraph (b), after “Schedule 4” there were inserted “or Chapter 1 of Part 3 of the European Union Referendum (Conduct) Regulations 2016”.

(4) Paragraph (9) has effect for the purposes of the referendum as if for the words from “kept under” to the end there were substituted—

kept under regulation 63(2), 63(3) or 66(6) of the European Union Referendum (Conduct) Regulations 2016, information— (a) explaining the effect of such removal, and (b) reminding the absent voter that he may make a fresh application to vote by post or by proxy (as the case may be).

Records and lists

16

(1) Regulation 61 of the relevant regulations (records and lists)[^f00128] applies for the purposes of the referendum but with the following modifications.

(2) Paragraph (1) has effect for those purposes as if for the words from “any of the following” to the end there were substituted “the current or final version of the postal voters list, the list of proxies or the proxy postal voters lists which he is required to keep under regulation 63(2), 63(3) or 66(6) of the European Union Referendum (Conduct) Regulations 2016.”

(3) Paragraph (3) of the Scotland Regulations has effect for the purposes of the referendum as if after sub-paragraph (b) there were inserted—

or (c) purposes connected with the referendum,

(4) Paragraph (5) has effect for the purposes of the referendum as if for “paragraph 5(2) of Schedule 4” there were substituted “regulation 63(2) of the European Union Referendum (Conduct) Regulations 2016.”

(5) Paragraph (6) has effect for the purposes of the referendum as if—

(a) in sub-paragraph (a), for “paragraphs 5 and 7(8) of Schedule 4” there were substituted “regulations 63 and 66(6) of the European Union Referendum (Conduct) Regulations 2016”, and

(b) for sub-paragraph (b) there were substituted—

(b) if he is not the counting officer for any voting area or part of a voting area in the area for which he is the registration officer, send to that officer a copy of those lists and provide any subsequent revised lists or revisions to the lists;

(6) Paragraph (6A) has effect for the purposes of the referendum as if—

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

(b) for “acting returning officer” there were substituted “counting officer”,

(c) for “any constituency or part of a constituency” there were substituted “any voting area or part of a voting area”, and

(d) for “paragraphs 5 and 7(8) of Schedule 4” there were substituted “regulations 63 and 66(6)of the European Union Referendum (Conduct) Regulations 2016”.

(7) Paragraph (7) has effect for the purposes of the referendum as if for “the proxy voters list kept under paragraph 5(3) of Schedule 4” there were substituted “the list of proxies kept under regulation 63(3) of the European Union Referendum (Conduct) Regulations 2016”.

Conditions on use, supply and inspection of absent voter records or lists

17

Regulation 61A of the relevant regulations (conditions on the use, supply and inspection of absent voter records or lists)[^f00129] applies for the purposes of the referendum but as if—

(a) for “regulations 61(1)(a) and (b)” there were substituted “regulation 61(1)”,

(b) the word “either” were omitted, and

, or (c) purposes connected with the referendum.

Personal identifiers record

18

(1) Regulation 61B of the relevant regulations (personal identifiers record)[^f00130] has effect for the purposes of the referendum with the following modifications.

(2) For those purposes the following paragraph is to be treated as substituted for paragraph (1)—

(1) In these Regulations “personal identifiers record” means a record kept by a registration officer in pursuance of— (a) paragraph 3(9) or 7(12) of Schedule 4 to the Representation of the People Act 2000 in relation to persons entitled to vote in the referendum, (b) paragraph 3(9) or 7(13) of Schedule 2 to the European Parliamentary Elections Regulations 2004 in relation to peers entitled to vote in the referendum, or (c) regulation 62(8) or 66(10) of the European Union Referendum (Conduct) Regulations 2016.

(3) Paragraph (3) has effect for the purposes of the referendum as if the following were substituted for sub-paragraph (a)—

(a) any agent attending proceedings on receipt of postal ballot papers, in accordance with regulation 85A(4).

Notification of rejected postal voting statement

19

Regulation 61C of the relevant regulations (notification of rejected postal voting statement)[^f00131] applies for the purposes of the referendum but as if, in paragraphs (1)(a) and (2)(b), for “returning officer” there were substituted “counting officer”.

Interpretation of Part 5

20

Regulation 64 of the relevant regulations (interpretation of Part 5)[^f00132] has effect for the purposes of the referendum as if—

(a) the following were substituted for the definition of “agent”—

“agent”, except in regulation 69, means a referendum agent or an agent appointed under regulation 69;

, and

(b) in the definition of “valid postal voting statement”, for “returning officer” there were substituted “counting officer”.

Persons entitled to be present at proceedings on issue of postal ballot papers

21

Regulation 67 of the relevant regulations (persons entitled to be present at proceedings on issue of postal ballot papers)[^f00133] applies for the purposes of the referendum but as if for “returning officer” there were substituted “counting officer”.

Persons entitled to be present at proceedings on receipt of postal ballot papers

22

Regulation 68 of the relevant regulations (persons entitled to be present at proceedings on receipt of postal ballot papers)[^f00134] applies for the purposes of the referendum but as if for sub-paragraphs (a) to (c) there were substituted—

(a) the counting officer and his clerks, (b) a referendum agent,

Agents of candidate who may attend proceedings on receipt of postal ballot papers

23

Regulation 69 of the relevant regulations (agents of candidates who may attend proceedings on receipt of postal ballot papers) applies for the purposes of the referendum but as if—

(a) for “candidate” (in each place) there were substituted “referendum agent”,

(b) for “returning officer” (in each place) there were substituted “counting officer”, and

Notification of requirement of secrecy

24

Regulation 70 of the relevant regulations (notification of requirement of secrecy) applies for the purposes of the referendum but as if for “returning officer” there were substituted “counting officer”.

Time when postal ballot papers are to be issued

25

Regulation 71 of the relevant regulations (time when postal ballot papers are to be issued)[^f00135] applies for the purposes of the referendum but as if for the words from “be issued” to the end there were substituted—

not be issued by a counting officer so as to be received by persons entitled to vote in the referendum before the beginning of the relevant period within the meaning of section 125 of the Political Parties, Elections and Referendums Act 2000 (restriction on campaigning by certain persons or bodies).

Procedure on issue of postal ballot papers

26

Regulation 72 of the relevant regulations (procedure on issue of postal ballot papers)[^f00136] applies for the purposes of the referendum but as if in paragraph (8) for sub-paragraphs (a) and (b) there were substituted “as mentioned in column 3 of the table in regulation 63(2) or 66(6) of the European Union Referendum (Conduct) Regulations 2016.”

Refusal to issue ballot paper

27

Regulation 73 of the relevant regulations (refusal to issue ballot paper)[^f00137] has effect for the purposes of the referendum as if—

(a) for “returning officer” there were substituted “counting officer”, and

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

Envelopes

28

Regulation 74 of the relevant regulations (envelopes)[^f00138] applies for the purposes of the referendum but as if in paragraph (1) for “rule 24 of the elections rules” there were substituted “regulation 17 of the European Union Referendum (Conduct) Regulations 2016”.

Sealing up of completed corresponding number lists

29

Regulation 75 of the relevant regulations (sealing up of completed corresponding number lists)[^f00139] applies for the purposes of the referendum but as if for “returning officer” (in both places) there were substituted “counting officer”.

Delivery of postal ballot papers

30

(1) Regulation 76 of the relevant regulations (delivery of postal ballot papers) applies for the purposes of the referendum but with the following modifications.

(2) For those purposes paragraph (1) has effect as if—

(a) for “returning officer” there were substituted “counting officer”, and

(b) in sub-paragraph (c), for “rule 26(1) of the elections rules” there were substituted “regulation 19 of the European Union Referendum (Conduct) Regulations 2016.”

(3) For the purposes of the referendum paragraph (2) has effect as if for “returning officer” there were substituted “counting officer”.

Spoilt postal ballot papers

31

Regulation 77 of the relevant regulations (spoilt postal ballot papers)[^f00140] applies for the purposes of the referendum but as if for “returning officer” (in each place) there were substituted “counting officer”.

Lost postal ballot papers

32

Regulation 78 of the relevant regulations (lost postal ballot papers)[^f00141] applies for the purposes of the referendum but as if for “returning officer” (in each place) there were substituted “counting officer”.

Cancellation of postal ballot papers

33

(1) Regulation 78A of the relevant regulations (cancellation of postal ballot papers)[^f00142] applies for the purposes of the referendum but with the following modifications.

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

(a) for the words from “final” to “application under” there were substituted “nineteenth day before the day of the poll for the referendum, an application under”,

(b) in sub-paragraph (b), for the reference to “or 4(3)(b) of that Schedule” there were substituted “of Schedule 4 or regulation 62(5)(b) of the European Union Referendum (Conduct) Regulations 2016”,

(d) in sub-paragraph (d), for the reference to “paragraph 4(3)(a) of that Schedule” there were substituted “regulation 62(5)(a) of the European Union Referendum (Conduct) Regulations 2016”,

(e) in sub-paragraph (e), for the reference to “or (8) of that Schedule” there were substituted “of Schedule 4 or regulation 64(4) of the European Union Referendum (Conduct) Regulations 2016”,

(f) in sub-paragraph (f), for the reference to “paragraph 7(7) of that Schedule” there were substituted “regulation 66(5) of the European Union Referendum (Conduct) Regulations 2016”,

(g) in sub-paragraph (g), for the reference to “that Schedule” there were substituted “Schedule 4”,

(h) for the reference to “paragraph 6(10) of that Schedule” there were substituted “paragraph 6(10) of Schedule 4 or regulation 64(4) of the European Union Referendum (Conduct) Regulations 2016”, and

(i) for the reference to “that election” there were substituted “the referendum”.

(3) For the purposes of the referendum, paragraphs (1), (2) and (3) have effect as if for “returning officer” (in each place) there were substituted “counting officer”.

(4) For the purposes of the referendum the following paragraph is treated as substituted for paragraph (5)—

(5) In computing a period of days for the purposes of this regulation the following days are to be disregarded— (a) a Saturday or Sunday, (b) Christmas Eve, Christmas Day, Good Friday and any other day that is a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom, (c) any day that is a bank or public holiday in Gibraltar under the Gibraltar Acts titled the Banking and Financial Dealings Act and the Interpretation and General Clauses Act, and (d) any day appointed in any part of the United Kingdom or Gibraltar as a day of public thanksgiving or mourning.

Alternative means of returning postal ballot paper or postal voting statement: England and Wales

34

Regulation 79 of the England and Wales Regulations (alternative means of returning postal ballot paper or postal voting statement)[^f00143] applies for the purposes of the referendum but as if—

(a) for “returning officer” (in each place) there were substituted “counting officer”,

(b) in paragraph (1) for “rule 45(1B) of the rules in Schedule 1 to the 1983 Act” there were substituted “regulation 46(3) of the European Union Referendum (Conduct) Regulations 2016”, and

(c) in paragraph (3) for “rule 43(1) of the elections rules” there were substituted “regulation 44(1) of the European Union Referendum (Conduct) Regulations 2016”.

Alternative means of returning postal ballot paper or postal voting statement: Scotland

35

Regulation 79 of the Scotland Regulations (alternative means of returning postal ballot paper or postal voting statement) applies for the purposes of the referendum but as if—

(a) for “returning officer” (in each place) there were substituted “counting officer”,

(b) in paragraph (1) for “rule 45(1B) of the elections rules” there were substituted “regulation 46(3) of the European Union Referendum (Conduct) Regulations 2016”, and

(c) in paragraph (2) for “rule 43(1) of the elections rules” there were substituted “regulation 44(1) of the European Union Referendum (Conduct) Regulations 2016”.

Notice of opening of postal ballot paper envelopes

36

(1) Regulation 80 of the relevant regulations (notice of opening of postal ballot paper envelopes) applies for the purposes of the referendum but with the following modifications.

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

(a) for “returning officer” there were substituted “counting officer”, and

(b) for “candidate” there were substituted “referendum agent”.

(3) Paragraph (2) has effect for the purposes of the referendum as if for “candidate” there were substituted “referendum agent”.

Postal ballot boxes and receptacles

37

Regulation 81 of the relevant regulations (postal ballot boxes and receptacles)[^f00144] applies for the purposes of the referendum but as if—

(a) for “returning officer” (in each place) there were substituted “counting officer”,

(b) in paragraph (2) for the words from “constituency” to the end there were substituted “voting area”, and

Receipt of covering envelope

38

Regulation 82 of the relevant regulations (receipt of covering envelope)[^f00145] applies for the purposes of the referendum but as if for “returning officer” (in both places) there were substituted “counting officer”.

Opening of postal voters’ ballot box

39

Regulation 83 of the relevant regulations (opening of postal voters’ ballot box) applies for the purposes of the referendum but as if—

(a) for “returning officer” (in both places) there were substituted “counting officer”, and

(b) in paragraph (3) for “rule 45 of the elections rules” there were substituted “regulation 46 of the European Union Referendum (Conduct) Regulations 2016”.

Opening of covering envelopes

40

Regulation 84 of the relevant regulations (opening of covering envelopes)[^f00146] applies for the purposes of the referendum but as if for “returning officer” (in each place) there were substituted “counting officer”.

Confirming receipt of postal voting statements

41

Regulation 84A of the relevant regulations (confirming receipt of postal voting statements)[^f00147] applies for the purposes of the referendum but as if for “returning officer” (in each place) there were substituted “counting officer”.

Procedure in relation to postal voting statements: personal identifier verification

42

Regulation 85A of the relevant regulations (procedure in relation to postal voting statements: personal identifier verification)[^f00148] applies for the purposes of the referendum but as if for “returning officer” (in each place) there were substituted “counting officer”.

Opening of ballot paper envelopes

43

Regulation 86 of the relevant regulations (opening of ballot paper envelopes) applies for the purposes of the referendum but as if, in paragraph (1), for “returning officer” there were substituted “counting officer”.

Retrieval of cancelled postal ballot papers

44

(1) Regulation 86A of the relevant regulations (retrieval of cancelled postal ballot papers)[^f00149] applies for the purposes of the referendum but with the following modifications.

(2) Paragraphs (1) and (3) have effect for those purposes as if for “returning officer” (in each place) there were substituted “counting officer”.

(3) Paragraph (2)(f) has effect for the purposes of the referendum as if for “rule 45 of the elections rules” there were substituted “regulation 46 of the European Union Referendum (Conduct) Regulations 2016”.

Lists of rejected postal ballot papers

45

Regulation 87 of the relevant regulations (lists of rejected postal ballot papers)[^f00150] applies for the purposes of the referendum but as if in paragraph (1) for “In respect of any election, the returning officer” there were substituted “The counting officer”.

Checking of lists of rejected postal ballot papers

46

Regulation 88 of the relevant regulations (checking of lists of rejected postal ballot papers)[^f00151] applies for the purposes of the referendum but as if—

(a) for “returning officer” (in each place) there were substituted “counting officer”, and

(b) in paragraph (3), for the words from “constituency” to the end there were substituted “voting area under regulation 44(4) of the European Union Referendum (Conduct) Regulations 2016”.

Sealing of receptacles

47

Regulation 89 of the relevant regulations (sealing of receptacles)[^f00152] applies for the purposes of the referendum but as if, in paragraph (1), for “returning officer” there were substituted “counting officer”.

Forwarding or retention of documents: England and Wales

48

(1) Regulation 91 of the England and Wales Regulations (forwarding of documents)[^f00153] applies for the purposes of the referendum but with the following modifications.

(2) For those purposes the following paragraph is to be treated as substituted for paragraph (1)—

(1) When the counting officer forwards the documents mentioned in regulation 56 of the European Union Referendum (Conduct) Regulations 2016, he shall forward to the same registration officer— (a) any packets referred to in regulations 75, 77(6), 78(2C), 78A(2), 84(9) and 89, endorsing on each packet a description of its contents, the date of the referendum and the name of the voting area, and (b) a completed statement in Form K of the number of postal ballot papers issued.

(3) Paragraph (3) has effect for the purposes of the referendum as if for “returning officer” (in both places) there were substituted “counting officer”.

(4) Paragraph (3A) has effect for the purposes of the referendum as if—

(a) for “returning officer” (in both places) there were substituted “counting officer”,

(b) the following were substituted for sub-paragraph (a)—

(a) forward to the registration officer mentioned in that paragraph the list required to be compiled under regulation 87(4),

, and

(5) Paragraph (4) has effect for the purposes of the referendum as if for “Rules 56 and 57 of the elections rules” there were substituted “Regulations 57 and 58 of the European Union Referendum (Conduct) Regulations 2016”.

(6) Paragraph (5) has effect for the purposes of the referendum as if for “returning officer” there were substituted “counting officer”.

Retention of documents: Scotland

49

(1) Regulation 91 of the Scotland Regulations (retention of documents)[^f00154] applies for the purposes of the referendum but with the following modifications.

(2) For those purposes the following paragraph is to be treated as substituted for paragraph (1)—

(1) The counting officer shall retain together with the documents mentioned in regulation 56 of the European Union Referendum (Conduct) Regulations 2016— (a) any packets referred to in regulations 75, 77(6), 78(2C), 78A(2), 84(8) and 89, endorsing on each packet a description of its contents, the date of the referendum and the name of the voting area, (b) a completed statement in Form K of the number of postal ballot papers issued, and (c) any list compiled under regulation 87(4).

(3) Paragraph (2) has effect for the purposes of the referendum as if for “returning officer” (in both places) there were substituted “counting officer”.

(4) Paragraph (4) has effect for the purposes of the referendum as if—

(a) for “Rules 56, 57 and 58 of the elections rules” there were substituted “Regulations 57 and 58 of the European Union Referendum (Conduct) Regulations 2016”, and

(b) for “rules 56 and 57” there were substituted “those regulations”.

(5) Paragraph (5) has effect for the purposes of the referendum as if for “returning officer” there were substituted “counting officer”.

Forwarding of documents: Scotland

50

(1) Regulation 91A of the Scotland Regulations (forwarding of documents)[^f00155] applies for the purposes of the referendum but with the following modifications.

(2) For those purposes the following paragraph is to be treated as substituted for paragraph (1)—

(1) Before the counting officer seals up the counted and rejected ballot papers as provided by regulation 55 of the European Union Referendum (Conduct) Regulations 2016, the counting officer must send a copy of any list compiled under regulation 87(4) to the registration officer for the local government area for which the counting officer is appointed.

(3) Paragraph (2) has effect for the purposes of the referendum as if the words from “and requiring” to the end were omitted.

(4) Paragraph (3) has effect for the purposes of the referendum as if—

(a) for “Rule 56 of the elections rules, as modified by rule 58 of those rules,” there were substituted “Regulation 57 of the European Union Referendum (Conduct) Regulations 2016”,

(b) the words “, or extracts of the list,” were omitted,

(d) in sub-paragraph (a)—

(i) for “rule 56” there were substituted “regulation 57”, and

(ii) the words “, or extracts of the list,” were omitted, and

(e) in sub-paragraph (b)—

(i) the words “(as modified by rule 58 of the elections rules)” were omitted, and

(ii) the words “, or extracts of a list,” were omitted.

(5) Paragraph (4) has effect for the purposes of the referendum as if the words “, or extracts of the list,” were omitted.

(6) Paragraph (5) has effect for the purposes of the referendum as if—

(a) the words “, or extracts of the list,” (in both places) were omitted, and

(b) the words “, and issued any notices under regulation 60B,” were omitted.

Interpretation and application of Part 6: England and Wales

51

Regulation 92 of the England and Wales Regulations (interpretation and application of Part 6)[^f00156] applies for the purposes of the referendum but as if—

(a) in paragraph (7), for the words from “under regulations” to the first “may” there were substituted “under regulation 98 may”, and

(b) in paragraph (10), for the words from “in regulations” to “below” there were substituted “in regulations 94(3) and 98(9) below”.

Restriction on supply etc of full register: England and Wales

52

Regulation 94 of the England and Wales Regulations (restrictions on supply etc of full register)[^f00157] has effect for the purposes of the referendum as if, in paragraph (1), after sub-paragraph (b) there were inserted—

(ba) the Chief Counting Officer and any Regional Counting Officer; and (bb) any deputy of the Chief Counting Officer or of any Regional Counting Officer; and

Restriction on supply etc of full register: Scotland

53

(1) Regulation 94 of the Scotland Regulations (restrictions on supply etc of full register)[^f00158] has effect for the purposes of the referendum with the following modifications.

(2) Paragraph (1) has effect for those purposes as if after sub-paragraph (a) there were inserted—

(aa) the Chief Counting Officer and any Regional Counting Officer, and (ab) any deputy of the Chief Counting Officer or of any Regional Counting Officer, and

(3) Paragraph (2) has effect for the purposes of the referendum as if—

(a) after sub-paragraph (a) there were inserted—

(aa) any deputy of the registration officer acting in that other capacity, and

, and

(b) the references in sub-paragraph (b) to “that officer” were treated as references to “a person mentioned in sub-paragraph (a) or (aa)”.

Supply of free copy of full register for electoral purposes and restrictions on use: Scotland

54

For the purposes of the referendum the following is treated as substituted for regulation 97 of the Scotland Regulations[^f00159]—

(97) (1) By no later than the publication of the notice of the referendum, the registration officer shall supply each relevant counting officer with as many printed copies of the following as he may reasonably require for the purposes of the referendum— (a) the latest version of the relevant registers, (b) any notice, published under section 13A(2), 13AB(2) or 13B(3), (3B) or (3D) of the 1983 Act, setting out an alteration to the latest version of a relevant register, and (c) the latest version of the list of overseas electors. (2) In this regulation— - “relevant counting officer” in relation to a registration officer—means a counting officer for a voting area that is the same as, or falls wholly or partly within, the registration officer’s registration area, butdoes not include a counting officer who is the same individual as the registration officer; - “relevant register” means—the register of parliamentary electors, published under section 13(1) or (3) of the 1983 Act,the register of local government electors, published under section 13(1) or (3) of that Act, orthe register of peers, maintained under section 3 of the 1985 Act, and published under section 13(1) or (3) of the 1983 Act (as applied by regulation 13(4) of, and Schedule 4 to, these regulations). (3) If at any time after a registration officer has complied with paragraph (1)— (a) a revised version of a relevant register is published, (b) a notice is published, under section 13A(2), 13AB(2) or 13B(3), (3B) or (3D) of the 1983 Act, setting out an alteration to the latest version of a relevant register, or (c) a revised version of the list of overseas electors is published, the registration officer shall supply the counting officer with as many printed copies of the register, notice or list as he may reasonably require for the purposes of the referendum. (4) Where a registration officer is under a duty to supply a counting officer with printed copies of a register, notice or list under this regulation, he must also supply a copy of the register, notice or list in data form. (5) A register notice or list supplied under this regulation shall be supplied free of charge. (6) No person to whom a copy of any register has been supplied under this regulation may— (a) supply a copy of the full register, (b) disclose any information contained in it (that is not contained in the edited register), or (c) make use of any such information, except for the purposes of the referendum.

Supply of free copy of full register for electoral purposes and restrictions on use: England and Wales

55

For the purposes of the referendum the following is treated as substituted for regulation 98 of the England and Wales Regulations[^f00160]—

(98) (1) By no later than the publication of the notice of the referendum, the registration officer shall supply each relevant counting officer with as many printed copies of the following as he may reasonably require for the purposes of the referendum— (a) the latest version of the relevant registers, (b) any notice, published under section 13A(2), 13AB(2) or 13B(3), (3B) or (3D) of the 1983 Act, setting out an alteration to the latest version of a relevant register, and (c) the latest version of the list of overseas electors. (2) In this regulation— - “relevant counting officer” in relation to a registration officer—means a counting officer for a voting area that is the same as, or falls wholly or partly within, the registration officer’s registration area, butdoes not include a counting officer who is the same individual as the registration officer; - “relevant register” means—the register of parliamentary electors, published under section 13(1) or (3) of the 1983 Act,the register of local government electors, published under section 13(1) or (3) of that Act, orthe register of peers, maintained under section 3 of the 1985 Act, and published under section 13(1) or (3) of the 1983 Act (as applied by regulation 13(4) of, and Schedule 4 to, these regulations). (3) If at any time after a registration officer has complied with paragraph (1)— (a) a revised version of a relevant register is published, (b) a notice is published, under section 13A(2), 13AB(2) or 13B(3), (3B) or (3D) of the 1983 Act, setting out an alteration to the latest version of a relevant register, or (c) a revised version of the list of overseas electors is published, the registration officer shall supply the counting officer with as many printed copies of the register, notice or list as he may reasonably require for the purposes of the referendum. (4) Where a registration officer is under a duty to supply a counting officer with printed copies of a register, notice or list under this regulation, he must also supply a copy of the register, notice or list in data form. (5) A register notice or list supplied under this regulation shall be supplied free of charge. (6) No person to whom a copy of any register has been supplied under this regulation may— (a) supply a copy of the full register, (b) disclose any information contained in it (that is not contained in the edited register), or (c) make use of any such information, except for the purposes of the referendum.

Offences: England and Wales

56

Regulation 115 of the England and Wales Regulations (offences)[^f00161] has effect for the purposes of the referendum as if in paragraph (2) for “98(9)” there were substituted “98(6)”.

Offences: Scotland

57

Regulation 115 of the Scotland Regulations (offences)[^f00162] has effect for the purposes of the referendum as if in paragraph (2) for “97(7)” there were substituted “97(6)”.

Interpretation of Part 7: England and Wales

58

Regulation 116 of the England and Wales Regulations (interpretation of Part 7)[^f00163] has effect for the purposes of the referendum as if—

(a) in paragraph (1) for “rule 55(1)(e) of the elections rules” there were substituted “by virtue of regulation 56(2)(g) of the European Union Referendum (Conduct) Regulations 2016”, and

(b) after paragraph (1) there were inserted—

(1A) In this Part references to “the relevant registration officer” means the registration officer to whom packets are forwarded under regulation 56(1) of the European Union Referendum (Conduct) Regulations 2016.

Interpretation of Part 7: Scotland

59

(1) Regulation 116 of the Scotland Regulations (interpretation of Part 7)[^f00164] has effect for the purposes of the referendum with the following modifications.

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

(a) for “returning officer” there were substituted “counting officer”, and

(b) for “rule 58 of the elections rules” there were substituted “by virtue of regulation 56(2)(g) of the European Union Referendum (Conduct) Regulations 2016”.

(3) Paragraph (4) has effect for the purposes of the referendum as if for “returning officer” there were substituted “counting officer”.

Supply of marked registers and lists after an election: England and Wales

60

(1) Regulation 117 of the England and Wales Regulations (supply of marked registers and lists)[^f00165] applies for the purposes of the referendum but with the following modifications.

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

(a) for the words from “regulation 100” to “local government election” there were substituted “regulation 100, 106, 109 or 113 with copies of the full register”, and

(b) at the end there were treated as inserted—

The reference to a person entitled to be supplied in accordance with regulation 106 with copies of the full register does not include a person mentioned in regulation 106(1)(b).

(3) Paragraph (2) has effect for the purposes of the referendum as if—

(a) for “regulation 103, 105, 106 or 108 before a particular election” there were substituted “regulation 106(1)(a) or (c) before the referendum”, and

(b) for “that election for which the marked register or list was prepared” there were substituted “the referendum”.

(4) Paragraph (6)(b) has effect for the purposes of the referendum as if for “regulations 100, 103, 105, 106, 108, 109 or 113” there were substituted “regulations 100, 106, 109 and 113”.

(5) Paragraph (7) has effect for the purposes of the referendum as if for “regulations 100(3), 105(4), 106(3), 108(5) and 109(3)” there were substituted “regulations 100(3), 106(3) and 109(3)”.

Supply of marked registers and lists after an election: Scotland

61

(1) Regulation 117 of the Scotland Regulations (supply of marked registers and lists)[^f00166] applies for the purposes of the referendum but with the following modifications.

(2) The regulation has effect for those purposes as if for “returning officer” (in each place) there were substituted “counting officer”.

(3) Paragraph (1) has effect for the purposes of the referendum as if—

(a) for the words from “regulation 99” to “parliamentary election” there were substituted “regulation 99, 105, 108 or 112 with copies of the full register”, and

(b) at the end there were treated as inserted—

The reference to a person entitled to be supplied in accordance with regulation 105 with copies of the full register does not include a person mentioned in regulation 105(1)(b).

(4) Paragraph (2) has effect for the purposes of the referendum as if—

(a) for “regulation 102, 104, 105 or 107 before a particular election” there were substituted “regulation 105(1)(a) or (c) before the referendum”, and

(b) for “that election for which the marked register or list was prepared” there were substituted “the referendum”.

(5) Paragraph (6)(b) has effect for the purposes of the referendum as if for “regulations 99, 102, 104, 105, 107, 108 or 112” there were substituted “regulations 99, 105, 108 and 112”.

(6) Paragraph (7) has effect for the purposes of the referendum as if for “regulations 99(3), 102(3), 104(4), 105(3), 107(5) or 108(3)” there were substituted “regulations 99(3), 105(3) or 108(3)”.

Inspection of documents open to public inspection

62

Regulation 118 of the relevant regulations (inspection of documents)[^f00167] applies for the purposes of the referendum but as if in paragraph (1)—

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

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

63

For the purposes of the referendum, in regulation 118 of the Scotland Regulations, for “returning officer” (in each place) there is to be treated as substituted “counting officer”.

Conditions on use, supply and disclosure of documents open to public inspection

64

Regulation 119 of the relevant regulations (conditions on the use, supply and disclosure of documents)[^f00168] applies for the purposes of the referendum but as if, in paragraph (2)(b)—

(a) the word “either” were omitted, and

(b) the following were treated as inserted after paragraph (ii)—

; or (iii) any purpose in connection with the referendum.

Form K: statement as to postal ballot papers

65

Form K in Schedule 3 to the relevant regulations (statement as to postal ballot papers)[^f00169] applies for the purposes of the referendum but as if—

(a) for the heading “REPRESENTATION OF THE PEOPLE ACTS PARLIAMENTARY ELECTION” there were substituted “REFERENDUM ON THE UNITED KINGDOM’S MEMBERSHIP OF THE EUROPEAN UNION”,

(b) for “constituency” there were substituted “voting area”, and

PART 2 — THE 2008 REGULATIONS (NORTHERN IRELAND)

Preliminary

66

(1) In this Part of this Schedule the “2008 Regulations” means the Representation of the People (Northern Ireland) Regulations 2008.

(2) In any provision of the 2008 Regulations as applied by this Part of this Schedule—

(a) expressions defined by section 11 of the 2015 Act have the meaning given by that section, and

(b) expressions defined by regulation 5 have the meaning given by that regulation.

(3) Sub-paragraph (2) does not apply to the extent that the context otherwise requires.

67

The following provisions of the 2008 Regulations apply for the purposes of the referendum—

(a) regulation 3 (interpretation)[^f00170];

(b) regulation 5 (applications, notices etc);

(d) regulation 8 (time);

(e) regulation 11 (interference with notices etc);

(f) regulation 25 (alteration of registers under section 13BA(3) of the 1983 Act)[^f00171];

(g) regulation 40 (representations regarding clerical errors);

(h) regulation 119 (fees relating to the supply of marked registers and lists).

Forms

68

(1) Regulation 4 of the 2008 Regulations (forms) applies for the purposes of the referendum but with the following modifications.

(2) Paragraph (1) has effect for those purposes as if for “an election” there were substituted “the referendum”.

(3) Paragraph (2) has effect for the purposes of the referendum only in so far as it relates to Form N in Schedule 3 to the 2008 Regulations.

Communication of notices made on polling day

69

Regulation 45 of the 2008 Regulations (communication of notices made on polling day) applies for the purposes of the referendum but as if in paragraph (3) for “returning officer” there were substituted “counting officer”.

Interpretation of Part 4

70

Regulation 54 of the 2008 Regulations (interpretation of Part 4) has effect for the purposes of the referendum as if after “his allotted polling station” there were inserted “(apart from in regulation 59)”.

General requirements for applications for an absent vote

71

(1) Regulation 55 of the 2008 Regulations (general requirements for applications for an absent vote)[^f00172] has effect for the purposes of the referendum with the following modifications.

(2) Paragraph (1) has effect for those purposes as if after “the 1985 Act” there were inserted “or Chapter 2 of Part 3 of the European Union Referendum (Conduct) Regulations 2016”.

(3) Paragraph (2) has effect for the purposes of the referendum as if—

(a) after “section 6(1) or 7(1)” there were inserted “of the 1985 Act or regulation 73(1) or 77(5) of the European Union Referendum (Conduct) Regulations 2016”,

(b) after “section 7(1)(ba) to (bc) of the 1985 Act” there were inserted “regulation 73(1)(c) to (e) or 77(5)(d) of those Regulations”,

(c) in sub-paragraph (b), after “the 1985 Act” there were inserted “or regulation 77(5) of the European Union Referendum (Conduct) Regulations 2016”,

(d) in sub-paragraph (c) for “such an application” there were substituted “an application under section 9 of the 1985 Act”, and

(e) in sub-paragraph (d), after “the 1985 Act” there were inserted “or regulation 73(1) or 77(5) of the European Union Referendum (Conduct) Regulations 2016”.

Address to which to send ballot paper: requirements if different to address in application

72

Regulation 55A of the 2008 Regulations (additional requirement for applications for ballot paper to be sent to different address to that in register)[^f00173] has effect for the purposes of the referendum as if—

(a) after paragraph (1)(c) there were inserted—

(d) in the case of an application to vote by post under regulation 73(1) of the European Union Referendum (Conduct) Regulations 2016, the address provided in accordance with regulation 73(7) of those Regulations and regulation 55(2)(b) above are different.

, and

(b) in paragraph (2) “of the 1985 Act” were omitted.

Address to which to send ballot paper: requirements if different to address in records

73

Regulation 55B of the 2008 Regulations (additional requirement for applications for ballot paper to be sent to different address from that in records)[^f00174] applies for the purposes of the referendum but as if for sub-paragraphs (a) and (b) of paragraph (1) there were inserted “regulation 73(5)(a) or 77(7) of the European Union Referendum (Conduct) Regulations 2016 by a person (“A”) shown as voting by post in the record referred to in that provision”.

Additional requirements for applications for appointment of a proxy

74

Regulation 56 of the 2008 Regulations (additional requirement for applications for the appointment of a proxy)[^f00175] applies for the purposes of the referendum but as if—

(a) in paragraph (1), after “the 1985 Act” there were inserted “or regulation 75(4) of the European Union Referendum (Conduct) Regulations 2016”, and

(b) after paragraph (2)(b) there were inserted—

; or (c) regulation 77(5) of the European Union Referendum (Conduct) Regulations 2016.

Additional requirements for applications in respect of a particular election

75

(1) Regulation 59 of the 2008 Regulations (additional requirements for applications in respect of a particular election)[^f00176] applies for the purposes of the referendum but with the following modifications.

(2) For those purposes the following paragraph is to be treated as substituted for paragraph (1)—

(1) An application under regulation 73(1) of the European Union Referendum (Conduct) Regulations 2016 shall set out why the applicant’s circumstances on the date of the poll will be or are likely to be such that he cannot reasonably be expected to vote in person at the polling station allotted to him under Part 2 of the European Union Referendum (Conduct) Regulations 2016.

(3) Paragraphs (2)(d) and (3)(e) have effect for the purposes of the referendum as if the words from “in respect” to the end of the paragraph were omitted.

(4) Paragraphs (4), (6) and (8) have effect for the purposes of the referendum as if for “section 7(1) of the 1985 Act” there were substituted “regulation 73(1) of the European Union Referendum (Conduct) Regulations 2016”.

(5) Paragraph (6)(a) has effect for the purposes of the referendum as if for “at the election in question” there were substituted “for the referendum”.

(6) For the purposes of the referendum the following paragraph is to be treated as substituted for paragraph (8)(b)—

(b) in which the circumstances set out in accordance with paragraph (1) relate to the applicant’s employment either as a constable or by a counting officer on the date of the poll for the referendum for a purpose connected with the referendum;

Additional requirements for applications by proxies to vote by post at a particular election

76

Regulation 60 of the 2008 Regulations (additional requirements for applications by proxies to vote by post at a particular election)[^f00177] applies for the purposes of the referendum but as if for “section 9(7)(a) of the 1985 Act” there were substituted “regulation 77(5) of the European Union Referendum (Conduct) Regulations 2016”.

Closing date for applications

77

(1) Regulation 61 of the 2008 Regulations (closing date for applications) has effect for the purposes of the referendum with the following modifications.

(2) For those purposes the following paragraphs are to be treated as substituted for paragraphs (1) to (3)—

(1) An application under section 6(1) or (5), 8(6) or 9(4) of the 1985 Act shall be disregarded for the purposes of the referendum if it is received by the registration officer after 5 pm on the fourteenth day before the date of the poll for the referendum. (2) Subject to paragraph (3), an application under regulation 73(1) or (5), 75(4) or 77(5) of the European Union Referendum (Conduct) Regulations 2016 shall be refused if it is received by the registration officer after 5 pm on the fourteenth day before the date of the poll for the referendum. (3) Paragraph (2) shall not apply to an application which satisfies the requirements of either paragraphs (6) and (7) or paragraph (8) of regulation 59; and such an application shall be refused if it is received by the registration officer after 5 pm on the sixth day before the date of the poll for the referendum.

(3) Paragraph (4) has effect for the purposes of the referendum as if—

(a) after “section 8(9) of that Act by an elector” there were inserted “, or a notice under regulation 75(6) of the European Union Referendum (Conduct) Regulations 2016 by a person,”,

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

(4) For the purposes of the referendum the following paragraph is to be treated as substituted for paragraphs (5) and (6)—

(5) In computing a period of days for the purposes of this regulation the following days are to be disregarded— (a) a Saturday or Sunday, and (b) Christmas Eve, Christmas Day, Good Friday and any other day that is a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom.

Grant or refusal of applications

78

(1) Regulation 62 of the 2008 Regulations (grant or refusal of applications) has effect for the purposes of the referendum with the following modifications.

(2) Paragraph (1) has effect for those purposes as if after “section 6, 7, 8 or 9 of the 1985 Act” there were inserted “or Chapter 2 of Part 3 of the European Union Referendum (Conduct) Regulations 2016”.

(3) For the purposes of the referendum, paragraph (3) is to be treated as omitted.

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