The European Union Referendum (Conduct) Regulations 2016

• (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 Act⁶⁵ 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 Act⁶⁶ 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 1983⁶⁷ 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 Act⁶⁸ 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 Act⁶⁹, 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 Act⁷⁰, 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 Act⁷¹ 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 Act⁷² 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 Act⁷³ 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 Act⁷⁴ 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

• (c) in paragraph (f), for “election” there were substituted “referendum”.

• (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 Act⁷⁵ 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

• (c) in paragraph (ii) for “elector” there were substituted “person”.

• (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 Act⁷⁶ 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 Act⁷⁷ 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 Act⁷⁸ 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 Act⁷⁹ 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 Act⁸⁰ 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 Act⁸¹ 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 Act⁸² 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 Act⁸³ 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

• (c) after subsection (2) there were inserted—

(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 Act⁸⁴ 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 Act⁸⁵ 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”.

Computation of time

35

• (1) Section 119 of the 1983 Act⁸⁶, in its application for the purposes of any provision of the 1983 Act as applied by this Schedule, has effect as if for subsection (3) there were substituted—

(3) In this section, in relation to a voting area— (a) “bank holiday” means any day that is a bank holiday under the Banking and Financial Dealings Act 1971 in the part of the United Kingdom in which the voting area is situated, and (b) “a day appointed for public thanksgiving or mourning” means a day appointed in the part of the United Kingdom in which the voting area is situated as a day of public thanksgiving or mourning.

• (2) The reference in sub-paragraph (1) to section 119 of the 1983 Act includes that section as applied by any other provision of that Act.

Application for relief

36

• (1) Section 167(1) to (2)⁸⁷ applies for the purposes of the referendum but with the following modifications.

• (2) For the purposes of the referendum the following subsection is to be treated as substituted for subsection (1)—

(1) An application for relief under this section may be made to the High Court.

• (3) Subsection (2)(c) has effect for those purposes as if the words from “in the constituency” to “was held,” were omitted.

Powers of court on conviction of corrupt practice

37

In section 168 of the 1983 Act⁸⁸—

• (a) the reference in subsection (1) to a person who is guilty of a corrupt practice includes a person who is guilty of a corrupt practice under a provision of the 1983 Act as applied by this Schedule,

• (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 169⁸⁹, 170, 173⁹⁰, 173A⁹¹ and 175(1) and (3)⁹² 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 Act⁹³, 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 Act⁹⁴ 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 Act⁹⁵—

• (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 Act⁹⁶ 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 Act⁹⁷ 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

• (c) in paragraph (a), the words from “in the constituency” to “held” were omitted.

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 Act⁹⁸ 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 Act⁹⁹ 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 Act¹⁰⁰ 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 Act¹⁰¹ 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 Act¹⁰² 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 Act¹⁰³ 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 Act¹⁰⁴ 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 Act¹⁰⁵ 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 Act¹⁰⁶ 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 1988¹⁰⁷ (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 2006¹⁰⁸ 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)¹⁰⁹;

• (b) regulation 5 (applications, notices etc)¹¹⁰;

• (c) regulation 6 (electronic signatures)¹¹¹;

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

• (e) regulation 32A (representations regarding clerical errors)¹¹²;

• (f) regulation 36A (communication of notices issued on polling day)¹¹³;

• (g) regulation 55A (additional requirements for applications for an emergency proxy vote)¹¹⁴;

• (h) regulation 62 (marked register for polling stations)¹¹⁵;

• (i) regulation 120 (calculating the fee for supply of marked registers or lists)¹¹⁶.

Forms

3

• (1) Regulation 4 of the relevant regulations (forms)¹¹⁷ 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)¹¹⁸ 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)¹¹⁹ 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)¹²⁰ 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)¹²¹ 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)¹²² 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)¹²³ 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

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

Closing date for applications

12

• (1) Regulation 56 of the relevant regulations (closing date for applications)¹²⁴ 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

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

• (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)¹²⁵ 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”,

• (c) for “of that Schedule” there were substituted “of Schedule 4”, and

• (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)¹²⁶ 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)¹²⁷ 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)¹²⁸ 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

• (c) after sub-paragraph (b) there were inserted—

, or (c) purposes connected with the referendum.

Personal identifiers record

18

• (1) Regulation 61B of the relevant regulations (personal identifiers record)¹²⁹ 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)¹³⁰ 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)¹³¹ 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)¹³² 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)¹³³ 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

• (c) paragraphs (3) and (5) were omitted.

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)¹³⁴ 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)¹³⁵ 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)¹³⁶ 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)¹³⁷ 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)¹³⁸ 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)¹³⁹ 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)¹⁴⁰ 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)¹⁴¹ 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”,

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

• (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)—