The Local Authorities (Conduct of Referendums)(England) Regulations 2012

Made: 8th February 2012

Coming into force in accordance with regulation 1

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 9MG and 105 of the Local Government Act 2000 .

In accordance with section 9MG(6) of that Act, the Secretary of State has consulted the Electoral Commission on the questions to be asked at a referendum as specified in these Regulations.

In accordance with section 105(6) of that Act, a draft of this instrument has been laid before and approved by a resolution of each House of Parliament.

Citation and commencement

1

These Regulations may be cited as the Local Authorities (Conduct of Referendums)(England) Regulations 2012 and come into force on the day after the day on which they are made.

Interpretation

2

• (1) In these Regulations—

• “the 1972 Act” means the Local Government Act 1972 ;

• “the 1983 Act” means the Representation of the People Act 1983 ;

• “the 1985 Act” means the Representation of the People Act 1985 ;

• “the 2000 Act” means the Local Government Act 2000 ;

• “the 2011 Act” means the Police Reform and Social Responsibility Act 2011 ;

• “the Petitions Regulations” means the Local Authorities (Referendums)(Petitions)(England) Regulations 2011 ;

• “the Representation of the People Regulations” means the Representation of the People (England and Wales) Regulations 2001 ;

• “the Combination of Polls Regulations” means the Representation of the People (Combination of Polls)(England and Wales) Regulations 2004 ;

• “the Local Government Act Referendums Rules” means the rules set out in Schedule 3 to these Regulations;

• “the Local Government Act Referendums (Combination of Polls) Rules” means the rules set out in Schedule 5 to these Regulations;

• “combined authority mayoral election” means an election of a mayor for a combined authority under Part 6 of the Local Democracy, Economic Development and Construction Act 2009;

• “combined county authority mayoral election” means an election of a mayor for a combined county authority under Chapter 1 of Part 2 of the Levelling-up and Regeneration Act 2023;

• “counting observer” means a person appointed by a counting officer under rule 18(2) of the Local Government Act Referendums Rules or rule 18(1) of the Local Government Act Referendums (Combination of Polls) Rules (as the case may be);

• “counting officer” means a person referred to in regulation 9;

• “elected mayor”, in relation to a local authority, means an individual elected as mayor of the authority by local government electors for the authority's area in accordance with provisions made by or under Part 1A of the 2000 Act;

• ...

• “further referendum” means a referendum held in pursuance of an order under regulation 17(5);

• “local government election” must be construed in accordance with section 203(1) of the 1983 Act ;

• “mayoral election” must be construed in accordance with the Local Authorities (Mayoral Elections)(England and Wales) Regulations 2007 ;

• “notification date”—in relation to a referendum, means the date on which the notice required to be published by regulation 4(1) is published;in relation to a further referendum, means the date which falls two months before the day on which the poll at the further referendum is held;

• “petition organiser”, in relation to a referendum, means a person who is treated for the purpose of regulation 10(4) or (5) (formalities of petition) as the case may be of the Petitions Regulations, as the petition organiser of any valid petition (whether an amalgamated petition, a constituent petition or a post-announcement petition) received by the local authority by or in respect of which a referendum is held;

• “police area” must be construed in accordance with section 102 of the 2011 Act;

• “police and crime commissioner” means an individual elected as a police and crime commissioner by relevant electors within the police area in accordance with provisions made by or under Chapter 6 of Part 1 of the 2011 Act;

• “police and crime commissioner election” must be construed in accordance with provision made by or under section 50 or 51 of the 2011 Act;

• “polling observer” means a person appointed by a counting officer under rule 18(1) of the Local Government Act Referendums Rules or rule 19(1) of the Local Government Act Referendums (Combination of Polls) Rules (as the case may be);

• “proper officer” must be construed in accordance with section 270(3) of the 1972 Act;

• “referendum” means a referendum held under section 9M (cases in which change is subject to approval in a referendum etc) of the 2000 Act, or by virtue of regulations or order made under any provision of Part 1A (arrangements with respect to local authority governance in England) of that Act;

• “referendum period”, in relation to a referendum (including a further referendum), means the period beginning with the notification date and ending on the date of the referendum;

• “referendum petition” means the petition by which a referendum may be questioned in accordance with regulation 15;

• “relevant election or referendum” means one or more of the following—another referendum (including a further referendum);a Parliamentary election;...a local government election;a mayoral election; a combined authority mayoral election; a combined county authority mayoral election; a police and crime commissioner election,the poll at which is taken together with the poll at the referendum;

• “voting area” means the area in which a referendum is held.

• (2) Any reference in the following provisions of these Regulations to a section followed by a number is, unless the context otherwise requires, a reference to the section of the 2000 Act that bears that number.

Question to be asked in a referendum

3

Where the proposals in relation to which a referendum is to be held are for the authority to operate—

• (a) a mayor and cabinet executive, the question to be asked in that referendum is to be in the form set out—

• (i) where the authority is currently operating a leader and cabinet executive (England), in paragraph 1 of Schedule 1 to these Regulations; and

• (ii) where the authority is currently operating the committee system, in paragraph 2 of Schedule 1 to these Regulations; and

• (b) a leader and cabinet executive (England), the question to be asked in that referendum is to be in the form set out—

• (i) where the authority is currently operating a mayor and cabinet executive, in paragraph 3 of Schedule 1 to these Regulations; and

• (ii) where the authority is currently operating the committee system in paragraph 4 of Schedule 1 to these Regulations; and

• (c) the committee system, the question to be asked in that referendum is to be in the form set out—

• (i) where the authority is currently operating a mayor and cabinet executive, in paragraph 5 of Schedule 1 to these Regulations; and

• (ii) where the authority is currently operating a leader and cabinet executive (England), in paragraph 6 of Schedule 1 to these Regulations.

Publicity and other information in connection with referendums

4

• (1) Subject to paragraph (2), the proper officer must, not fewer than 56 days before the date on which the referendum will be held in accordance with sub-paragraph (c)(ii) below, publish in such a manner as he or she considers likely to bring to the attention of persons who live in the local authority area a notice which contains—

• (a) a statement that, as the case may be—

• (i) proposals under section 9MA (Referendum: proposals by local authority); or

• (ii) proposals under regulation 17(2) of the Petitions Regulations; or

• (iii) any proposals required under an order under section 9ME or 9N,

have been drawn up;

• (b) a description of the main features of any proposals;

• (c) a statement—

• (i) that a referendum will be held;

• (ii) of the date on which the referendum will be held;

• (iii) in a case to which regulation 10(1) or (5) applies, that the poll in the referendum will be taken together with the poll or polls in an election or elections of a description which is to be specified in the statement;

• (iv) of the question to be asked in the referendum;

• (v) that the referendum will be conducted in accordance with procedures similar to those used at local government elections;

• (vi) of the referendum expenses limit (as defined in regulation 6(1)) that will apply in relation to the referendum and the number of local government electors by reference to which that limit has been calculated;

• (vii) of the address and times at which a copy of any proposals may be inspected;

• (viii) of the procedures for obtaining a copy of any proposals; and

• (ix) if the proper officer then knows that the poll in the referendum (whether or not it is to be taken together with the poll in an election) will be taken together with the poll in a referendum for another area, that the polls will be taken together for the two (or more) areas, which are to be specified in the statement.

• (2) At least 14 days before the day on which the proper officer of an authority publishes a notice in accordance with paragraph (1) that proper officer must, by notice in writing, advise—

• (a) if that person is the proper officer of a county council, the proper officer of the council of each district comprised in the county;

• (b) if that person is the proper officer of a district council comprised in an area for which there is a county council, the proper officer of—

• (i) the council of the county in which the district lies; and

• (ii) each of the district councils in that county,

that that person intends to publish a notice under paragraph (1) and the date of the referendum to be held in the area.

• (3) It is the duty of each proper officer—

• (a) to whom notice has been given under paragraph (2); and

• (b) whose council are considering the holding of a referendum in their area,

to consider whether it would be practicable to combine that referendum with the one of which such notice has been given; and each such officer must reply to the notice within seven days of its receipt, indicating whether that proper officer's authority wish to combine their referendum with that to which the notice refers.

• (4) Unless the notice required to be published by paragraph (1) (“the first notice”) is published fewer than 74 days before the date of the referendum, the proper officer must publish a second notice containing the particulars specified in paragraph (1)(c)(i)-(viii) and, if paragraph (1)(c)(ix) applies (whether or not it applied in relation to the first notice, if any), the particulars specified in that paragraph.

• (5) The second notice is to be published—

• (a) in the same manner as was used for the publication of the first notice; and

• (b) not more than 55 days and not fewer than 28 days before the date of the referendum.

• (6) The authority must make available for inspection throughout the referendum period, at the address and times stated in the notice, and free of charge, a copy of any proposals, and must secure that sufficient copies are available for persons who wish to obtain copies.

• (7) The authority may provide (whether or not in pursuance of any duty to do so) any other factual information relating to any proposals or the referendum so far as it is presented fairly.

• (8) In determining for the purposes of paragraph (7) whether any information is presented fairly, regard is, in accordance with section 9Q, to be had to any guidance for the time being issued by the Secretary of State under that section.

• (9) The date on which the notice required to be published by paragraph (1) is published is “the notification date”.

Restriction on publication etc of promotional material

5

• (1) This regulation applies to any material which—

• (a) provides general information about the referendum;

• (b) deals with any of the issues raised by the question to be asked in the referendum; or

• (c) puts any arguments for or against a particular answer to that question.

• (2) No material to which this regulation applies is to be published by or on behalf of a local authority during the period of 28 days ending with the date of the poll at the referendum.

• (3) Paragraph (2) does not apply to—

• (a) material made available to persons in response to specific requests for information or to persons specifically seeking access to it;

• (b) the publication of information relating to the holding of the poll at the referendum; or

• (c) the publication of press notices containing factual information where the sole purpose of the publication is to refute or correct any inaccuracy in material published by a person other than the local authority.

• (4) In this regulation “publish” means make available to the public at large, or to any section of the public, in whatever form and by whatever means (including, in particular, by inclusion in any programme included in a programme service within the meaning of the Broadcasting Act 1990 ); and “publication” is to be construed accordingly.

General restriction on referendum expenses

6

• (1) In this regulation and in regulation 7—

• “campaign organiser” means the individual or body by whom, or on whose behalf, referendum expenses are incurred (including expenses treated as incurred) in connection with a referendum campaign;

• “referendum campaign” means a campaign conducted with a view to promoting or procuring a particular outcome in relation to the question to be asked in a referendum;

• “referendum expenses” means the expenses incurred by or on behalf of any individual or body during the referendum period for referendum purposes in respect of any of the matters set out in paragraphs 1 to 7 of Schedule 2 to these Regulations, as read in accordance with paragraph 8 of that Schedule;

• “referendum expenses limit” means the aggregate of £2,362 and the amount found by multiplying by 5.9 pence the number of entries in the relevant register;

• “for referendum purposes” means—in connection with the conduct or management of any campaign conducted with a view to promoting or procuring a particular outcome in relation to the question asked in the referendum; orotherwise in connection with promoting or procuring any such outcome;

• “the relevant register” means the register or registers of local government electors kept in accordance with section 9 of the 1983 Act which has or have effect in the area of the local authority by which or as regards which the referendum is held on the day on which the referendum period begins (whether or not the persons to whom the entries relate are entitled to vote in the referendum).

• (2) The total referendum expenses incurred, or in accordance with regulation 7, treated as incurred, by or on behalf of any individual or body must not exceed the referendum expenses limit.

• (3) Where any referendum expenses are incurred in excess of the referendum expenses limit, a person who knew or ought reasonably to have known that that limit would be exceeded, or who, without reasonable excuse, authorises another person to exceed that limit, is guilty of an offence.

• (4) Where information is given to the Director of Public Prosecutions that an offence under paragraph (3) has been committed, it is his or her duty to make such inquiries and institute such prosecutions as the circumstances of the case appear to him or her to require.

• (5) Where an offence under paragraph (3) which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or any other person purporting to act in such capacity, that person, as well as the body corporate, is guilty of an offence and is liable to be proceeded against and punished accordingly.

• (6) A person who commits an offence under paragraph (3) is liable—

• (a) on summary conviction, to a fine not exceeding the statutory maximum or imprisonment for a term not exceeding the general limit in a magistrates’ court or both; or

• (b) on conviction on indictment, to a fine or imprisonment for a term not exceeding 12 months or both.

• (7) In relation to an offence committed before 2nd May 2022, the reference in paragraph (6)(a) to the general limit in a magistrates’ court is to be read as a reference to 6 months.

• (8) Nothing in paragraph (2) affects the right of any creditor who, when the expenses were incurred, was ignorant of that expense being in contravention of that paragraph.

Notional referendum expenses

7

• (1) This regulation applies where—

• (a) property, services or facilities is or are provided for the use or benefit of any person either—

• (i) free of charge; or

• (ii) at a discount of more than 10 per cent of the commercial rate for the use of the property or for the provision of the services or facilities; and

• (b) the property, services or facilities is or are made use of by or on behalf of that person in circumstances such that, if any expenses were to be (or are) actually incurred by him or her or on his or her behalf in respect of that use, they would be (or are) referendum expenses incurred by him or her or on his or her behalf.

• (2) Subject to paragraph (5), where this regulation applies, an amount of referendum expenses determined in accordance with paragraph (3) is, unless it is not more than £200, to be treated for the purposes of regulation 6 as incurred by that person for the period for which the property, services or facilities is or are made use of as mentioned in paragraph (1)(b).

• (3) The amount mentioned in paragraph (2) is such proportion of either—

• (a) the commercial rate for use of the property or the provision of the services or facilities (where the property, services or facilities is or are provided free of charge); or

• (b) the difference between that commercial rate and the amount of the expenses actually incurred by or on behalf of that person in respect of the use of the property or the provision of the services or facilities (where the property, services or facilities is or are provided at a discount),

as is reasonably attributable to the use made of the property, services or facilities as mentioned in paragraph (1)(b).

• (4) Where the services of an employee are made available by his or her employer for the use or benefit of a person, the amount which is to be taken as constituting the commercial rate for the provision of those services is the amount of the remuneration or allowances payable to the employee by his or her employer in respect of the period for which that person's services are made available (but that amount is not to include any amount in respect of contributions or other payments for which the employer is liable in respect of that employee).

• (5) No amount of referendum expenses is to be regarded as incurred by virtue of paragraph (2) in respect of the provision by any individual of his or her own services which that person provides voluntarily in his or her own time and free of charge.

Conduct of referendum: poll at referendum not taken together with poll at relevant election or referendum

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• (1) A referendum is to be conducted in accordance with the Local Government Act Referendums Rules (as contained in Schedule 3 to these Regulations), unless the poll at the referendum is taken together with the poll at a relevant election or referendum.

• (2) The provisions mentioned in the first column of Tables 1 to 6 of Schedule 4 to these Regulations have effect in relation to referendums, subject to the modifications specified in that Schedule and to any contrary provision in these Regulations.

Counting officer

9

• (1) Subject to regulations 11(2) and 13(2), functions conferred by these Regulations on the counting officer are to be exercised in each voting area by the person who is for the time being the returning officer at elections of councillors for that area under section 35(1) or (3) (returning officers: local elections) of the 1983 Act .

• (2) It is the counting officer's general duty at the referendum to do all such acts and things as may be necessary for effectually conducting the referendum in the manner provided by these Regulations.

• (3) The counting officer must also appoint and pay any such persons as may be necessary for the purpose of the counting of the votes.

Combination of polls: general

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• (1) Where the poll at a referendum would be taken on a day that falls within the period—

• (a) beginning 28 days before the day on which the poll is to be taken at an election of a description mentioned in paragraph (2); and

• (b) ending 28 days after the day on which the poll is to be taken at any such election,

• (2) The descriptions of elections mentioned in this paragraph are—

• (a) an ordinary election of councillors for a county electoral division or a district or London borough ward (as the case may be) of the local authority by which or as regards which the referendum is to be held;

• (b) an ordinary election of councillors for a county electoral division or a district or London borough ward (as the case may be) of any other local authority, where that division or ward is wholly or partly within the area of the local authority by which or as regards which the referendum is to be held;

• (c) a parliamentary general election;

• (d) an election to fill a vacancy in a parliamentary constituency that is wholly or partly within the area of the local authority by which or as regards which the referendum is to be held;

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

• (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (g) an ordinary election within the meaning of Part 1 (the Greater London Authority) of the Greater London Authority Act 1999 , where the local authority by which or as regards which the referendum is to be held is a London borough;

• (h) an election (other than an ordinary election) of the Mayor of London under section 16(2) (filling a vacancy in the office of Mayor) of the Greater London Authority Act 1999, where the local authority by which or as regards which the referendum is to be held is a London borough;

• (i) an ordinary election of police and crime commissioners under section 50 of the 2011 Act;

• (j) an election to fill a vacancy in the office of a police and crime commissioner under section 51 of the 2011 Act for a police area in which the area of the local authority by which or as regards which the referendum is to be held falls;

• (k) an election of an elected mayor.

• (3) Where the poll at a referendum would be taken together with the poll at an election of a description mentioned in paragraph (2)(c), (d), ... (h) or (j), paragraph (1) does not apply where notice of the date of the referendum is given under regulation 4 before the date on which notice is given of the date of election, and the date of the referendum is not the same as that of the election.

• (4) In a case to which paragraph (3) applies, the poll at a referendum is to be taken on the day of which the notice has been given under regulation 4.

• (5) The poll at a referendum may be taken together with the poll at an election under section 89 (filling of casual vacancies in the case of councillors) of the 1972 Act or under section 10 (filling a vacancy in an Assembly constituency) of the Greater London Authority Act 1999—

• (a) where the referendum is to be held in compliance with a direction of the Secretary of State, if he or she so determines;

• (b) in any other case, if the authority by which the referendum is to be held so determine.

• (6) Notice of a determination under paragraph (5) must be given in writing—

• (a) where the determination is made by the Secretary of State, to the authority or authorities (as the case may be) by which the election and the referendum concerned are to be held;

• (b) where the determination is made by an authority, to the authority (other than themselves) by which the election concerned is to be held.

• (7) Subject to paragraph (8), where an authority (“the first authority”) have given notice under regulation 4(1) of the date on which a referendum will be held in their area, no other authority—

• (a) whose area includes that of the first authority; or

• (b) whose area is part of that of the council of the same county as that of the first authority,

• (8) Where the date on which a referendum is to be held in a county is the same as that on which a referendum is to be held in any district within that county, the polls must be taken together.

Combination of referendum and election polls: conduct of referendum

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• (1) This regulation applies, in relation to the referendum, where polls are taken together in accordance with regulation 10(1) or (5).

• (2) The referendum is to be conducted in accordance with the Local Government Act Referendums (Combination of Polls) Rules (as contained in Schedule 5 to these Regulations).

• (3) The provisions specified in the first column of Tables 1 to 6 of Schedule 4 have effect in relation to the referendum, subject to the modifications specified in that Schedule and to any contrary provision of these Regulations.

• (4) Where a person applies under Schedule 4 to the Representation of the People Act 2000 to vote by post, or to vote by proxy, at the election, that person is to be treated as applying also to vote by post, or to vote by proxy, at the referendum.

Combination of referendum and election polls: supplementary provisions relating to elections

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• (1) This regulation applies, in relation to the election or elections (as the case may be), where polls are taken together in accordance with regulation 10(1) or (5).

• (2) The provisions specified in the first column of Tables 2, 3 and 6 of Schedule 4 have effect in relation to elections to which this regulation applies, subject to the modifications specified in that Schedule and to any contrary provision of these Regulations.

• (3) Where a person applies under Schedule 4 to the Representation of the People Act 2000 to vote by post, or to vote by proxy, at the referendum, that person is to be treated as applying also to vote at the election by post or by proxy.

Combination of referendum polls: supplementary

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• (1) This regulation applies where polls at referendums are taken together in accordance with regulation 10(7) or (8).

• (2) The functions mentioned in paragraph (3) are all to be discharged by one counting officer, and the counting officers are to agree as to which of them that should be.

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

• (a) those under the following rules of the Local Government Act Referendums (Combination of Polls) Rules—

• (i) unless paragraph (ii) applies, rule 8 (the corresponding number list) to the extent that it relates to ballot papers to be provided in pursuance of rule 17(1);

• (ii) where the proceedings on the issue and receipt of postal ballot papers at the referendums are taken together under regulation 65 of the Representation of the People Regulations (as applied by paragraph (5)), rule 8 (the corresponding number list);

• (iii) rule 12(3) (notice of situation of polling stations, etc);

• (iv) where the proceedings on the issue and receipt of postal ballot papers at the referendums are taken together under regulation 65 of the Representation of the People Regulations (as applied by paragraph (5)), rule 13 (postal ballot papers);

• (v) rule 14 (provision of polling stations);

• (vi) rule 15(1) and (2) (appointment of presiding officers and clerks) to the extent that that rule concerns the appointment of presiding officers and clerks to assist them;

• (vii) rule 17 (equipment of polling stations) , except the functions in rule 17(5A);

• (viii) rule 20 (notification of requirement of secrecy in relation to polling stations);

• (ix) where the proceedings on the issue and receipt of postal ballot papers at the referendums are taken together under regulation 65 of the Representation of the People Regulations (as applied by paragraph (5)), rule 22 (return of postal ballot papers);

• (x) rule 23(3) (signature as to certificate of employment);

• (xi) rule 24(2)(b) (keeping of order in station);

• (xii) rule 38(1) (the count); and

• (b) where the proceedings on the issue and receipt of postal ballot papers at more than one referendum are taken together under regulation 65 of the Representation of the People Regulations (as applied by paragraph (5)), the functions conferred by the provisions of Part 5 of those Regulations applied by paragraph (5).

• (4) The referendums are to be conducted in accordance with the Local Government Act Referendums (Combination of Polls) Rules.

• (5) The provisions specified in the first column of Tables 1 to 6 of Schedule 4 have effect in relation to the referendums, subject to the modifications specified in that Schedule and to any contrary provision of these Regulations.

• (6) The cost of taking the combined poll (excluding any cost solely attributable to one referendum) and any cost attributable to the combination is to be apportioned equally among the referendums.

Result of referendum or further referendum

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• (1) This regulation is subject to regulations 16 and 17.

• (2) If the majority of the votes cast in a referendum other than a further referendum are in favour of the authority operating arrangements which differ from its existing arrangements, the result of the referendum is—

• (a) for the purposes of section 9MB(3), to approve the authority's proposals under section 9MA;

• (b) for the purposes of regulation 18 (action where referendum proposals approved) of the Petitions Regulations, and in accordance with section 9MF(4), to approve the proposals drawn up under regulation 17(2) of the Petitions Regulations which were the subject of the referendum;

• (c) for the purposes of an order made under section 9N, to require the authority to start to operate a mayor and cabinet executive;

• (d) for the purposes of an order made under section 9ME, and in accordance with section 9MF(4), to require the authority to start to operate the form of governance that was the subject of the referendum held in consequence of the order.

• (3) If the majority of the votes cast in a referendum other than a further referendum are in favour of the continuation of the authority's existing arrangements, the result of the referendum is—

• (a) for the purposes of section 9MB(3), to reject the authority's proposals under section 9MA;

• (b) for the purposes of regulation 19 (action where referendum proposals rejected) of the Petitions Regulations, and in accordance with section 9MF(5), to reject the proposals drawn up under regulation 17(2) of the Petitions Regulations which were the subject of the referendum;

• (c) for the purposes of an order made under section 9N, to reject the proposal that the authority start to operate a mayor and cabinet executive;

• (d) for the purposes of an order made under section 9ME, and in accordance with section 9MF(5), to reject the proposal that the authority start to operate the form of governance that was the subject of the referendum held in consequence of that order.

• (4) If the majority of the votes cast in a further referendum are in favour of the authority continuing to operate a mayor and cabinet executive, the result of the referendum is to require the authority to continue to operate those arrangements.

• (5) If the majority of the votes cast in a further referendum are in favour of the authority changing its governance arrangements to those it operated at the time of the tainted referendum, the result of the referendum is to require the authority to implement those arrangements.

Procedures for questioning referendum

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• (1) A referendum under these Regulations may be questioned by petition (“a referendum petition”)—

• (a) on the ground that the result of the referendum was not in accordance with the votes cast;

• (b) on the ground that the referendum was avoided by such corrupt or illegal practices, within the meaning of the 1983 Act, as are relevant to referendums by virtue of regulation 8, 11 or 13 or paragraph (8);

• (c) on the grounds provided by section 164 (avoidance of election for general corruption etc) of the 1983 Act, as applied for the purposes of these Regulations by paragraph (8); or

• (d) subject to paragraph (3), on the ground that a payment of money or other reward has been made or promised since the referendum in pursuance of a corrupt or illegal practice relevant to the referendum by virtue of regulation 8, 11 or 13 or paragraph (8).

• (2) A referendum petition on any of the grounds specified in paragraph (1)(a) to (c) must be presented not later than 21 days after the day on which the referendum was held.

• (3) A referendum petition on the ground mentioned in paragraph (1)(d) may be presented only with the leave of the High Court.

• (4) An application for leave must be made, not later than 28 days after the date of the alleged payment or promise, by application notice to the court at such time and place as the court may appoint.

• (5) Not less than seven days before the day so appointed the applicant must—

• (a) serve the application notice on the respondent and the Director of Public Prosecutions and lodge a copy in the election petitions office; and

• (b) publish notice of the intended application in at least one newspaper circulating in the voting area for the referendum to which the application relates.

• (6) The application notice must state the grounds on which the application is made.

• (7) A referendum petition is to be tried by an election court, that is to say, a court constituted under section 130 (election court for local election in England and Wales, and place of trial) of the 1983 Act for the trial of an election petition, as applied by paragraph (8).

• (8) Schedule 6 to these Regulations contains provisions which have effect in relation to the questioning of a referendum as they have effect in relation to the questioning of an election under the Local Government Act 1972 subject to the modifications specified in that Schedule and to any contrary provision of these Regulations.

• (9) The Election Petition Rules 1960 have effect in relation to a referendum petition as they have effect in relation to a local election petition within the meaning of those Rules, subject to the modifications specified in Schedule 7 to these Regulations and to any contrary provision of these Regulations.

Immediate consequences of referendum petitions

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• (1) This regulation, apart from paragraph (5), applies where—

• (a) a referendum petition is presented on any of the grounds mentioned in regulation 15(1)(a) to (c); or

• (b) leave is granted to the presentation of a referendum petition brought under the ground mentioned in regulation 15(1)(d).

• (2) Where this regulation applies—

• (a) in relation to a referendum—

• (i) at which the question asked was in the form set out in paragraph 3, 4, 5 or 6 of Schedule 1; and

• (ii) in which the majority of the votes cast are in favour of the authority operating arrangements which differ from their existing arrangements; and

• (b) before the authority have passed a resolution under section 9KC,

the authority must take no further steps in consequence of the referendum until the election court has certified its determination in the matter of the referendum petition.

• (3) Where this regulation applies—

• (a) in relation to a referendum—

• (i) at which the question asked was in the form set out in paragraph 3, 4, 5 or 6 of Schedule 1; and

• (ii) in which the majority of the votes cast are in favour of the authority operating arrangements which differ from their existing arrangements; and

• (b) after the authority have passed a resolution under section 9KC,

the authority must continue to operate the arrangements that are the subject of that resolution.

• (4) Where this regulation applies—

• (a) in relation to a referendum—

• (i) at which the question asked was in the form set out in paragraph 1 or 2 of Schedule 1; and

• (ii) in which the majority of the votes cast are in favour of the authority operating arrangements which differ from their existing arrangements; and

• (b) without an election for the return of an elected mayor having taken place in consequence of the referendum,

the authority must take no further steps in consequence of the referendum until the election court has certified its determination in the matter of the referendum petition.

• (5) Where leave is granted to the presentation of a referendum petition brought under the ground mentioned in regulation 15(1)(d)—

• (a) in relation to a referendum—

• (i) at which the question asked was in the form set out in paragraph 1 or 2 of Schedule 1; and

• (ii) in which the majority of the votes cast are in favour of the authority operating arrangements which differ from its existing arrangements; and

• (b) after an election for the return of an elected mayor has taken place in consequence of the referendum,

the elected mayor is to continue in office.

Determination of referendum petitions

17

• (1) Where an election court certifies, as its determination of a referendum petition, that the result of the referendum declared under regulation 14 is or is not in accordance with the votes cast (as the case may be), any reference (in whatever terms) in the timetable—

• (a) included in the authority's proposals under section 9MA;

• (b) included in their proposals under regulation 17(2) of the Petitions Regulations; or

• (c) prepared in pursuance of any other regulations or an order made under any provision of Part 1A (arrangements with respect to local authority governance in England) of the 2000 Act,

to the date of the result of the referendum is to be construed as a reference to the date on which the election court certifies its determination.

• (2) On the substantive hearing of a referendum petition for which leave has been granted where the circumstances are as mentioned in any paragraph of regulation 16 other than paragraph (5), the election court must either—

• (a) dismiss the petition; or

• (b) allow the petition,

and, where the court allows the petition, it must declare the referendum avoided.

• (3) Where an election court certifies, as its determination of a referendum petition specifying any of the grounds mentioned in regulation 15(1), that the referendum was avoided, the authority concerned must, not earlier than two months and not later than three months after the date on which the election court has certified that determination, hold another referendum.

• (4) Where another referendum is held in the circumstances referred to in paragraph (3), these Regulations apply to the conduct of that referendum as they apply to the conduct of the avoided referendum subject to—

• (a) in regulation 4—

• (i) the omission of paragraph (1)(a) and (b);

• (ii) in paragraph (1)(c), the omission of paragraphs (vii) and (viii);

• (iii) after paragraph (1)(c)(ix), the insertion of—

(x) that another referendum is being held in consequence of the determination of an election court that the referendum last held in the authority's area was avoided.

• (5) Where the circumstances are as mentioned in regulation 16(5)(a) and (b), the court must—

• (a) dismiss the petition; or

• (b) allow the petition,

and, where the court allows the petition, it must declare the referendum to be tainted, and order that a further referendum be held.

• (6) Where the election court makes the order mentioned in paragraph (5), subject to regulation 10(1), the authority must hold the further referendum as soon as practicable after the expiration of the period of five years beginning with the date on which the tainted referendum was held.

• (7) If the majority of the votes cast in a further referendum are in favour of the authority continuing to operate a mayor and cabinet executive, the authority must continue to operate those arrangements.

• (8) If the majority of the votes cast in a further referendum are in favour of the authority changing its governance arrangements to those which it operated at the time of the tainted referendum, section 9KC(2) applies as if in paragraph (b) for sub-paragraph (i) there were substituted—

(i) states that in consequence of the rejection in a further referendum of the authority's existing mayor and cabinet executive, the authority have resolved to operate the arrangements they operated at the time of the tainted referendum instead;

• (9) These Regulations, except where the context otherwise requires, apply (so far as relevant) to the conduct of the further referendum as they apply to the conduct of any other referendum subject to—

• (a) in regulation 3 the omission of paragraphs (a), (b)(ii) and (c)(ii);

• (b) in regulation 4—

• (i) the omission of paragraph (1)(a) and (b);

• (ii) in paragraph (1)(c), the omission of paragraphs (vii) and (viii);

• (iii) after paragraph (1)(c)(ix), the insertion of—

(x) that a further referendum is being held in consequence of the determination of an election court that the referendum last held in the authority's area was tainted by reason of a payment of money or other reward made or promised since the referendum in pursuance of a corrupt or illegal practice;

• (c) in Schedule 1 the omission of paragraphs 1, 2, 4 and 6;

• (d) the omission of the first, second, fourth and sixth forms appearing in the Local Government Act Referendums Rules and the Local Government Act Referendums (Combination of Polls) Rules.

Time

18

• (1) The days mentioned in paragraph (2) are to be disregarded in calculating any period of time for the purposes of regulation 4(1).

• (2) The days mentioned in this paragraph are—

• (a) a Saturday or Sunday;

• (b) Christmas Eve, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in England; and

• (c) any day appointed as a day of public thanksgiving or mourning.

Advertisements

19

The Town and Country Planning (Control of Advertisements) Regulations 1992 have effect in relation to the display on any site in a voting area of an advertisement relating specifically to the referendum as they have effect in relation to the display of an advertisement relating specifically to a local government election.

Non-domestic rating: premises used for referendum purposes

20

In relation to premises in a voting area, section 65(6) of the Local Government Finance Act 1988 (occupation for election meetings and polls) has effect as if—

• (a) the reference to public meetings in furtherance of a person's candidature at an election included a reference to public meetings promoting a particular result in the referendum; and

• (b) the reference to the use by a returning officer for the purpose of taking the poll in an election included a reference to the use for the purpose of taking the poll in the referendum—

• (i) by a person exercising functions of a counting officer in accordance with regulation 9; or

• (ii) by a relevant returning or counting officer within the meaning of rule 2(1) of the Local Government Act Referendums (Combination of Polls) Rules.

Revocations

21

The Local Authorities (Conduct of Referendums)(England) Regulations 2007 are revoked.

SCHEDULE 1 — QUESTIONS TO BE ASKED IN A REFERENDUM

1

How would you like [insert name of local authority] to be run?

2

How would you like [insert name of local authority] to be run?

3

How would you like [insert name of local authority] to be run?

4

How would you like [insert name of local authority] to be run?

5

How would you like [insert name of local authority] to be run?

6

How would you like [insert name of local authority] to be run?

SCHEDULE 2 — MATTERS RELEVANT TO REFERENDUM EXPENSES

1

Advertising of any nature (whatever the medium used).

2

Unsolicited material addressed to voters (whether addressed to them by name or intended for delivery to households within any particular area or areas).

3

Any material of a description referred to in regulation 5(1).

4

Market research or canvassing conducted for the purposes of ascertaining voting intentions.

5

The provision of any services or facilities in connection with press conferences or other dealings with the media.

6

Transport (by any means) of persons to any place or places with a view to obtaining publicity in connection with a referendum campaign.

7

Rallies and other events, including public meetings organised so as to obtain publicity in connection with a referendum campaign or for other purposes connected with a referendum campaign.

8

Nothing in paragraphs 1 to 7 is to be taken as extending to—

• (a) any expenses in respect of any property, services or facilities so far as those expenses fall to be met out of public funds;

• (b) any expenses incurred in respect of the remuneration or allowances payable to any member of staff of the campaign of the campaign organiser;

• (c) any expenses incurred in respect of an individual by way of travelling expenses (by any means of transport) or in providing for his or her accommodation or other personal needs to the extent that the expenses are paid by the individual from that person's own resources and are not reimbursed to him or her.

SCHEDULE 3 — THE LOCAL GOVERNMENT ACT REFERENDUMS RULES

PART 1 — Citation and Interpretation

Citation

1

These Rules may be cited as the Local Government Act Referendums Rules.

Interpretation

2

• (1) In these Rules “voter” means a person entitled to vote on his or her own behalf.

• (2) Other expressions used both in these Rules and in the 1983 Act (as it applies to local government elections) have the same meaning in these Rules as they have in that Act.

PART 2 — Provisions as to Time

Timetable

3

The proceedings at the referendum shall be conducted in accordance with the following Timetable.

Proceedings	Time
Publication of notice of referendum	Not later than the twenty-fifth day before the day of the referendum.
Notice of poll	Not later than the sixth day before the day of the referendum.
Polling	Between the hours of 7 in the morning and 10 at night on the day of the referendum.

Computation of time

4

In computing any period of time for the purposes of the Timetable the days mentioned in regulation 18(2)(a) to (c) shall be disregarded, and any such day shall not be treated as a day for the purpose of any proceedings up to the completion of the poll nor shall the counting officer be obliged to proceed with the counting of the votes on such a day.

PART 3 — General Provisions

Notice of referendum

5

• (1) The counting officer must publish notice of the referendum, stating the date of the poll.

• (2) The notice of referendum must state the date by which—

• (a) applications to vote by post or by proxy; and

• (b) other applications and notices about postal or proxy voting,

must reach the registration officer in order that they may be effective for the referendum.

Poll to be taken by ballot

6

A poll must be taken at the referendum and the votes at the poll must be given by ballot.

The ballot papers

7

• (1) The ballot of every person entitled to vote at the referendum must consist of a ballot paper.

• (2) Every ballot paper to be used in the referendum must be in the appropriate form in the Appendix (depending on the question to be asked in the referendum).

• (3) Every ballot paper must—

• (a) be capable of being folded up; and

• (b) have a number and other unique identifying mark printed on the back.

The corresponding number list

8

• (1) The counting officer must prepare a list containing the numbers and other unique identifying marks of all of the ballot papers to be issued by him or her in pursuance of rule 13(1) or provided by that person in pursuance of rule 17(1).

• (2) The list must be in the form L1 in the Appendix or a form to like effect.

The official mark

9

• (1) Every ballot paper must contain an appropriate security marking (the official mark).

• (2) The official mark must be kept secret.

• (3) The counting officer may use a different official mark for different purposes at the same referendum.

Prohibition of disclosure of vote

10

No person who has voted at the referendum shall, in any legal proceeding to question the referendum, be required to state for which answer he or she has voted.

Use of schools and public rooms

11

• (1) The counting officer may use, free of charge, for the purpose of taking the poll or counting the votes—

• (a) a room in a school maintained or assisted by a local authority (as defined in the Education Act 1996) or a school in respect of which grants are made out of moneys provided by Parliament to the person or body of persons responsible for the management of the school;

• (b) a room the expense of maintaining which is payable out of any rate.

• (2) The counting officer must make good any damage done to, and defray any expense incurred by the persons having control over, any such room as mentioned above by reason of its being used for the purpose of taking the poll or counting the votes.

PART 4 — Action to be Taken Before the Poll

Notice of poll

12

• (1) The counting officer must publish notice of the poll stating—

• (a) the day and hours fixed for the poll; and

• (b) the question to be asked in the referendum.

• (2) The notice of the poll must be published no later than the sixth day before the date of the referendum.

• (3) The counting officer must, not later than the time of the publication of the notice of the poll, also give public notice of—

• (a) the situation of each polling station; and

• (b) the description of persons entitled to vote there.

Postal ballot papers

13

• (1) The counting officer must, in accordance with regulations made under the 1983 Act[^f00027], issue to those entitled to vote by post a ballot paper and a postal voting statement in the appropriate form in the Appendix, or a form to like effect, together with such envelopes for their return as may be prescribed by such regulations.

• (2) The counting officer must also issue to those entitled to vote by post such information as he or she thinks appropriate about how to obtain—

• (a) translations into languages other than English of any directions to or guidance for voters and proxies sent with the ballot paper;

• (b) a translation into Braille of such directions or guidance;

• (c) graphical representations of such directions or guidance;

• (d) the directions or guidance in any other form (including any audible form).

• (3) The postal voting statement must include provision for the form to be signed and for stating the date of birth of the voter or proxy.

• (4) In the case of a ballot paper issued to a person at an address in the United Kingdom, the counting officer must ensure that the return of the ballot paper and postal voting statement is free of charge to the voter or proxy.

Provision of polling stations

14

• (1) The counting officer must provide a sufficient number of polling stations and, subject to the following provisions of this rule, must allot the voters to the polling stations in such manner as he or she thinks most convenient.

• (2) One or more polling stations may be provided in the same room.

• (3) The polling station allotted to voters from any parliamentary polling district wholly or partly within the voting area must, in the absence of special circumstances, be in the parliamentary polling place for that district.

• (4) The counting officer must provide each polling station with such number of compartments as may be necessary in which the voters and proxies can mark their votes screened from observation.

Appointment of presiding officers and polling clerks

15

• (1) The counting officer must appoint and pay a presiding officer to attend at each polling station and such clerks as may be necessary for the purposes of the referendum.

• (2) The counting officer may, if he or she thinks fit, preside at a polling station and the provisions of these Rules relating to a presiding officer shall apply to a counting officer so presiding with the necessary modifications as to things to be done by the counting officer to the presiding officer or by the presiding officer to the counting officer.

• (3) A presiding officer may do, by the clerks appointed to assist him or her, any act (including the asking of questions) which he or she is required or authorised by these Rules to do at a polling station except order the arrest, exclusion or removal of any person from the polling station.

Issue of official poll cards

16

• (1) The counting officer must as soon as practicable after the publication of the notice of the referendum send to each voter and proxy an official poll card.

• (2) The official poll card must be sent or delivered—

• (a) in the case of a voter, to his or her qualifying address; and

• (b) in the case of a proxy, to his or her address as shown in the list of proxies.

• (3) The official poll card must be in the appropriate form in the Appendix, or a form to the like effect, and must set out—

• (a) the name of the council and of the voting area;

• (b) the name of the voter, his or her qualifying address and number on the register;

• (c) the date and hours of the poll and the situation of the voter’s polling station;

• (d) such other information as the counting officer thinks appropriate,

and different information may be provided in pursuance of sub-paragraph (d) to different voters or to different descriptions of voter.

• (4) In the case of a voter who has an anonymous entry in the register, instead of containing the matter mentioned in paragraph (3)(b), the poll card must contain such matter as is specified in the appropriate form in the Appendix.

• (5) In this rule references to a voter—

• (a) are to a person who is registered in the register of local government electors for the voting area in question on the last day for the publication of notice of the referendum; and

• (b) include a person then shown in the register as below voting age if (but only if) it appears from the register that he or she will be of voting age on the day fixed for the poll.

Equipment of polling stations

17

• (1) The counting officer must provide each presiding officer with such number of ballot boxes and ballot papers as in the counting officer’s opinion may be necessary.

• (2) Every ballot box must be so constructed that the ballot papers can be put in it, but cannot be withdrawn from it, without the box being unlocked or, where the box has no lock, the seal being broken.

• (3) The counting officer must provide each polling station with—

• (a) materials to enable voters and proxies to mark the ballot papers;

• (b) copies of the register of electors for the voting area or such part of it as contains the names of the voters allotted to the station;

• (c) the parts of any special lists prepared for the referendum corresponding to the register of electors for the voting area or the part of it provided under sub-paragraph (b);

• (d) a list, in the form L2 in the Appendix or a form to like effect, consisting of that part of the list prepared under rule 8 which contains the numbers (but not the other unique identifying marks) corresponding to those on the ballot papers provided to the presiding officer of the polling station.

• (4) The reference in paragraph (3)(b) to the copies of the register of electors includes a reference to copies of any notices issued under section 13B(3B) or (3D) of the 1983 Act[^f00028] in respect of alterations to the register.

• (5) The counting officer must also provide each polling station with—

• (a) at least one large version of the ballot paper which must be displayed inside the polling station for the assistance of voters and proxies who are partially sighted; and

• (b) a device of such description as is set out in paragraph (9) for enabling voters and proxies who are blind or partially sighted to vote without any need for assistance from the presiding officer or any companion (within the meaning of rule 28(1)).

• (6) A notice in the form in the Appendix, giving directions for the guidance of voters and proxies in voting, must be printed in conspicuous characters and exhibited inside and outside every polling station.

• (7) The counting officer may also provide copies of the notice mentioned in paragraph (6) in Braille or translated into languages other than English as he or she considers appropriate, provided that these notices are accurate reproductions in Braille or that other language of that notice.

• (8) In every compartment of every polling station there must be exhibited the notice “[Specify name of council....] REFERENDUM. Mark a cross (X) in the box on the right hand side of the answer of your choice. Vote ONCE only. Put no other mark on the ballot paper, or your vote may not be counted.”.

• (9) The device referred to in paragraph (5)(b) must—

• (a) allow a ballot paper to be inserted into and removed from, or attached to and detached from, the device easily and without damage to the paper;

• (b) hold the ballot paper firmly in place during use; and

• (c) provide suitable means for the voter or proxy to—

• (i) identify the spaces on the ballot paper on which that person may mark his or her vote;

• (ii) identify the answer to which each such space refers; and

• (iii) mark his or her vote on the space he or she has chosen.

Appointment of polling observers and counting observers

18

• (1) The counting officer may appoint persons to attend at polling stations for the purpose of detecting personation (“polling observers”).

• (2) The counting officer must appoint persons to observe the counting of the votes and the verification of the ballot paper account (“counting observers”).

• (3) For the purpose of assisting the counting officer in the discharge of his or her functions under paragraph (2), a petition organiser may nominate persons who in the opinion of the petition organiser are suitable for appointment as counting observers.

• (4) A nomination under paragraph (3) must be made by notice in writing to the counting officer not later than the fifth day before the poll (disregarding any day which is to be disregarded by virtue of rule 4) and the notice must contain the address of each nominee.

• (5) Subject to paragraph (6), the counting officer must not, without good cause, decline to appoint as a counting observer a person nominated by a petition organiser under paragraph (3).

• (6) The counting officer may limit the number of counting observers, so however that—

• (a) the number must be the same in the case of each petition organiser; and

• (b) the number allowed to a petition organiser must not (except in special circumstances) be fewer than the number obtained by dividing the number of clerks employed on the counting by the number of petition organisers.

Notification of requirement of secrecy

19

• (1) The counting officer must make such arrangements as he or she thinks fit to ensure that—

• (a) every person attending at a polling station (otherwise than for the purpose of voting or assisting a voter or proxy with disabilities to vote or as a constable on duty there) has been given a copy in writing of the provisions of subsections (1), (3) and (6) of section 66 of the 1983 Act[^f00029], as applied by Schedule 4; and

• (b) every person attending at the counting of the votes (other than any constable on duty at the counting) has been given a copy in writing of the provisions of subsections (2) and (6) of that section, as applied by Schedule 4.

Return of postal ballot papers

20

• (1) Where—

• (a) a postal vote has been returned in respect of a person who is entered on the postal voters list; or

• (b) a proxy postal vote has been returned in respect of a proxy who is entered on the proxy postal voters list,

the counting officer must mark the list in the manner prescribed by regulations made under the 1983 Act[^f00030].

• (2) Rule 36(3) does not apply for the purpose of determining whether, for the purposes of this rule, a postal vote or a proxy postal vote is returned.

PART 5 — The Poll

Admission to polling station

21

• (1) The presiding officer must exclude all persons from the polling station except—

• (a) voters and proxies;

• (b) persons under the age of 18 who accompany voters and proxies to the polling station;

• (c) the polling observers appointed to attend at the polling station;

• (d) the clerks appointed to attend at the polling station;

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

• (f) the constables on duty;

• (g) the companions of voters and proxies with disabilities;

• (h) the elected mayor, if any, of the council in respect of which the referendum is held; and

• (i) any petition organiser.

• (2) The presiding officer must regulate the total number of voters, proxies and persons under the age of 18 who accompany them to be admitted to the polling station at the same time.

• (3) A constable or person employed by a counting officer must not be admitted to vote in person elsewhere than at his or her own polling station allotted to him or her under these Rules, except on production and surrender of a certificate as to his or her employment which must be in the form in the Appendix, or a form to the like effect, and signed by an officer of police of or above the rank of inspector or by the counting officer, as the case may be.

• (4) Any certificate surrendered under this rule must forthwith be cancelled.

Keeping of order in station

22

• (1) It is the presiding officer’s duty to keep order at his or her polling station.

• (2) If a person misconducts himself or herself in a polling station, or fails to obey the presiding officer’s lawful orders, that person may immediately, by the presiding officer’s order, be removed from the polling station—

• (a) by a constable in or near that station; or

• (b) by any other person authorised in writing by the counting officer to remove him or her,

and the person so removed shall not, without the presiding officer’s permission, again enter the polling station during the day.

• (3) Any person so removed may, if charged with the commission in the polling station of an offence, be dealt with as a person taken into custody by a constable for an offence without a warrant.

• (4) The powers conferred by this rule must not be exercised so as to prevent a voter or proxy who is otherwise entitled to vote at a polling station from having an opportunity of voting at that station.

Sealing of ballot boxes

23

Immediately before the commencement of the poll, the presiding officer must show the ballot box empty to such persons, if any, as are present in the polling station, so that they may see that it is empty, and must then lock it up, if it has a lock and (in any case) place his or her seal on it in such a manner as to prevent its being opened without breaking the seal and must place it in his or her view for the receipt of ballot papers, and keep it so locked and sealed or sealed (as the case may be).

Questions to be put to voters and proxies

24

• (1) At the time of the application for a ballot paper (but not afterwards), the questions specified in the second column of the following Table—

• (a) may be put by the presiding officer to a person applying for a ballot paper who is mentioned in the first column; and

• (b) must be put if the letter “R” appears after the question and a petition organiser or polling observer requires the question to be put:

Q no	Person applying for ballot paper	Question
1	A person applying as a voter	—Are you the person registered in the register of local government electors for this voting area as follows? (read the whole entry from the register)[R] —Have you already voted here or elsewhere at this referendum, otherwise than as proxy for some other person? [R]
2	A person applying as proxy	—Are you the person whose name appears as AB in the list of proxies for this voting area as entitled to vote as proxy on behalf of CD? [R] —Have you already voted here or elsewhere at this referendum as proxy on behalf of CD? [R] —Are you the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild of CD? [R]
3	A person applying as proxy for a voter with an anonymous entry (instead of the questions at entry 2)	—Are you the person entitled to vote as proxy on behalf of the voter whose number on the register of electors is (read out the number)? [R] —Have you already voted here or elsewhere as proxy on behalf of the voter whose number on the register of electors is (read out the number)? [R] —Are you the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild of the person whose number on the register of electors is (read out the number)? [R]
4	A person applying as proxy if the question at entry 2(c) or 3(c) is not answered in the affirmative	Have you already voted at this referendum on behalf of two persons of whom you are not the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild? [R]
5	A person applying as a voter in relation to whom there is an entry in the postal voters list	—Did you apply to vote by post? —Why have you not voted by post?
6	A person applying as proxy who is named in the proxy postal voters list	—Did you apply to vote by post as proxy? —Why have you not voted by post as proxy?

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

• (3) A ballot paper must not be delivered to any person required to answer any of the above questions unless that person has answered each question satisfactorily.

• (4) Except as authorised by this rule, no inquiry shall be permitted as to the right of any person to vote.

Challenge of voter or proxy

25

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

• (a) any petition organiser or polling observer permitted to be present in accordance with rule 21(1) declares that he or she has reasonable cause to believe that the person has committed an offence of personation; or

• (b) the person is arrested on the grounds that he or she is suspected of committing or of being about to commit such an offence.

Voting procedure

26

• (1) A ballot paper must be delivered to a voter or proxy who applies for one, and immediately before delivery—

• (a) the number and (unless paragraph (2) applies) name of the voter as stated in the copy of the register of electors must be called out;

• (b) the number of the voter as stated in the register must be marked on the list mentioned in rule 17(3)(d) beside the number of the ballot paper to be issued to him or her;

• (c) a mark must be placed in the copy of the register of electors against the number of the voter to note that a ballot paper has been received but without showing the particular ballot paper which has been received; and

• (d) in the case of a person applying for a ballot paper as proxy, a mark must also be placed against his or her name in the list of proxies.

• (2) In the case of a voter who has an anonymous entry, that person must show the presiding officer his or her official poll card and only his or her number shall be called out in pursuance of paragraph (1)(a).

• (3) In the case of a voter who is added to the register in pursuance of a notice issued under section 13B(3B) or (3D) of the 1983 Act, paragraph (1) is modified as follows—

• (a) in sub-paragraph (a), for “copy of the register of electors” substitute “copy of the notice issued under section 13B(3B) or (3D) of the 1983 Act”;

• (b) in sub-paragraph (b), for “in the register” substitute “on the copy of the notice issued under section 13B(3B) or (3D) of the 1983 Act”;

• (c) in sub-paragraph (c), for “in the copy of the register of electors” substitute “on the copy of the notice issued under section 13B(3B) or (3D) of the 1983 Act”.

• (4) The voter or proxy, on receiving the ballot paper, must forthwith proceed into one of the compartments in the polling station and there secretly mark his or her paper and fold it up so as to conceal his or her vote, and must then show to the presiding officer the back of the paper, so as to disclose the number and other unique identifying mark, and put the ballot paper so folded up into the ballot box in the presiding officer’s presence.

• (5) The voter or proxy must vote without undue delay, and must leave the polling station as soon as he or she has put his or her ballot paper into the ballot box.

Votes marked by presiding officer

27

• (1) The presiding officer, on the application of a voter or proxy—

• (a) who is incapacitated by blindness or other disability from voting in the manner directed by these Rules; or

• (b) who declares orally that he or she is unable to read,

must, in the presence of the polling observers (if any), cause that person’s vote to be marked on a ballot paper in the manner directed by that person, and the ballot paper to be placed in the ballot box.

• (2) The name and number on the register of electors of every person whose vote is marked in pursuance of this rule, and the reason why it is so marked, must be entered on a list (in these Rules called “the list of votes marked by the presiding officer”).

In the case of a person voting as proxy for a voter, the number to be entered together with the proxy’s name shall be the number in the register of the voter.

• (3) In the case of a person in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act, paragraph (2) applies as if for “on the register of electors of every person” there were substituted “relating to every person in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act”.

Voting by persons with disabilities

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• (1) If a voter or proxy makes an application to the presiding officer to be allowed, on the ground of—

• (a) blindness or other disability; or

• (b) inability to read,

to vote with the assistance of another person by whom he or she is accompanied (in these Rules referred to as “the companion”), the presiding officer must require the voter or proxy to declare, orally or in writing, whether he or she is so incapacitated by his or her blindness or other disability, or by his or her inability to read, as to be unable to vote without assistance.

• (2) If the presiding officer—

• (a) is satisfied that the voter or proxy is so incapacitated; and

• (b) is also satisfied by a written declaration made by the companion (in these Rules referred to as “the declaration made by the companion of a voter or proxy with disabilities”) that the companion—

• (i) is a qualified person within the meaning of this rule; and

• (ii) has not previously assisted more than one voter or proxy with disabilities to vote at the referendum,

the presiding officer must grant the application, and then anything which is by these Rules required to be done to or by that voter or proxy in connection with the giving of his or her vote may be done to, or with the assistance of, the companion.

• (3) For the purposes of these Rules, a person is a voter or proxy with disabilities if he or she has made such a declaration as is mentioned in paragraph (1), and a person shall be qualified to assist a voter or proxy with disabilities to vote if that person—

• (a) is a person who is entitled to vote on his or her own behalf at the referendum; or

• (b) is the father, mother, brother, sister, spouse, civil partner, son or daughter of the voter or proxy and has attained the age of 18 years.

• (4) The name and number in the register of electors of every person whose vote is given in accordance with this rule and the name and address of the companion must be entered on a list (in these Rules referred to as “the list of voters or proxies with disabilities assisted by companions”).

In the case of a person voting as proxy for a voter, the number to be entered together with the proxy’s name shall be the number in the register of the voter.

• (5) In the case of a person in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act, paragraph (4) applies as if for “in the register of electors of every person” there were substituted “relating to every person in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act”.

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

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

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

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

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

Tendered ballot papers: circumstances where available

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• (1) If a person, representing himself or herself to be—

• (a) a particular voter named on the register and not named in the absent voters list; or

• (b) a particular person named in the list of proxies as proxy for a voter and not entitled to vote by post as proxy,

applies for a ballot paper after another person has voted in person either as the voter or his or her proxy, the applicant shall, on satisfactorily answering the questions permitted by law to be asked at the poll, be entitled, subject to the provisions of rule 30, to mark a ballot paper (in these Rules referred to as “a tendered ballot paper”) in the same manner as any other voter or proxy.

• (2) Paragraph (4) applies if—

• (a) a person applies for a ballot paper representing himself or herself to be a particular voter named on the register;

• (b) he or she is also named in the postal voters list; and

• (c) he or she claims that he or she did not make an application to vote by post at the referendum.

• (3) Paragraph (4) also applies if—

• (a) a person applies for a ballot paper representing himself or herself to be a particular person named as a proxy in the list of proxies;

• (b) he or she is also named in the proxy postal voters list; and

• (c) he or she claims that he or she did not make an application to vote by post as proxy.

• (4) The person shall, on satisfactorily answering the questions permitted by law to be asked at the poll, be entitled, subject to the provisions of rule 30, to mark a ballot paper (in these Rules referred to as a “tendered ballot paper”) in the same manner as any other voter or proxy.

• (5) Paragraph (6) applies if, before the close of the poll but after the last time at which a person may apply for a replacement postal ballot paper, a person represents himself or herself to be—

• (a) a particular voter named on the register who is also named in the postal voters list; or

• (b) a particular person named as a proxy in the list of proxies and who is also named in the proxy postal voters list,

and claims that he or she has lost or has not received his or her postal ballot paper.

• (6) The person shall, on satisfactorily answering the questions permitted by law to be asked at the poll, be entitled, subject to the provisions of rule 30, to mark a ballot paper (in these Rules referred to as a “tendered ballot paper”) in the same manner as any other voter or proxy.

Tendered ballot papers: general provisions

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• (1) A tendered ballot paper must—

• (a) be of a colour differing from that of the other ballot papers;

• (b) instead of being put into the ballot box, be given to the presiding officer and endorsed by him or her with the name of the person who has marked a tendered ballot paper and that person’s number in the register of electors, and set aside in a separate packet.

• (2) The name of the person who has marked a tendered ballot paper and his or her number in the register of electors must be entered on a list (in these Rules referred to as the “tendered votes list”).

• (3) In the case of a person voting as proxy for a voter, the number to be endorsed or entered together with the proxy’s name shall be the number in the register of the voter.

• (4) In the case of a voter who has an anonymous entry, this rule and rule 29 apply subject to the following modifications—

• (a) in paragraphs (1)(b) and (2) above, the references to the name of the person who has marked a tendered ballot paper shall be ignored;

• (b) otherwise, a reference to a person named on a register or list shall be construed as a reference to a person whose number appears in the register or list (as the case may be).

• (5) In the case of a person in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act, this rule and rule 29 shall apply as if—

• (a) in rule 29(1)(a), (2)(a) and (5)(a), for “named on the register” there were substituted “in respect of whom a notice under section 13B(3B) or (3D) of the 1983 Act has been issued”;

• (b) in paragraph (1)(b) of this rule for “that person’s number in the register of electors” there were substituted “the number relating to him or her on a notice issued under section 13B(3B) or (3D) of the 1983 Act”;

• (c) in paragraph (2) of this rule, for “his or her number in the register of electors” there were substituted “the number relating to him or her on a notice issued under section 13B(3B) or (3D) of the 1983 Act”.

Spoilt ballot papers

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A voter or proxy who has inadvertently dealt with his or her ballot paper in such manner that it cannot be conveniently used as a ballot paper may, on delivering it to the presiding officer and proving to his or her satisfaction the fact of the inadvertence, obtain another ballot paper in the place of the ballot paper so delivered (in these Rules referred to as “a spoilt ballot paper”), and the spoilt ballot paper must be immediately cancelled.

Correction of errors on day of poll

32

The presiding officer must keep a list of persons to whom ballot papers are delivered in consequence of an alteration to the register made by virtue of section 13B(3B) or (3D) of the 1983 Act which takes effect on the day of the poll.

Adjournment of poll in case of riot

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• (1) Where the proceedings at any polling station are interrupted or obstructed by riot or open violence, the presiding officer must adjourn the proceedings till the following day and must forthwith give notice to the counting officer.

• (2) Where the poll is adjourned at any polling station—

• (a) the hours of polling on the day to which it is adjourned must be the same as for the original day; and

• (b) references in these Rules to the close of the poll shall be construed accordingly.

Procedure on close of poll

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

• (a) each ballot box in use at the station, sealed so as to prevent the introduction of additional ballot papers and unopened, but with the key, if any, attached;

• (b) the unused and spoilt ballot papers placed together;

• (c) the tendered ballot papers;

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

• (e) the lists prepared under rule 8 including the parts which were completed in accordance with rule 26(1)(b) (together referred to in these Rules as “the completed corresponding number lists”);

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

• (g) the tendered votes list, the list of voters and proxies with disabilities assisted by companions, the list of votes marked by the presiding officer, a statement of the number of voters and proxies whose votes are so marked by the presiding officer under the heads “disability” and “unable to read”, the list maintained under rule 32 (correction of errors on day of poll), and the declarations made by the companions of voters and proxies with disabilities,

and must deliver the packets or cause them to be delivered to the counting officer to be taken charge of by that person; but if the packets are not delivered by the presiding officer personally to the counting officer, the arrangements for their delivery shall require the counting officer’s approval.

• (2) The marked copies of the register of electors and of the list of proxies must be in one packet but must not be in the same packet as the completed corresponding number lists or the certificates as to employment on duty on the day of the poll.

• (3) The packets must be accompanied by a statement (in these Rules referred to as “the ballot paper account”) made by the presiding officer showing the number of ballot papers entrusted to him or her, and accounting for them under the heads of ballot papers issued and not otherwise accounted for, unused, spoilt and tendered ballot papers.

PART 6 — Counting of Votes

Attendance at counting of votes

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

• (2) No person other than—

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

• (b) the counting observers;

• (c) the elected mayor, if any, of the council in respect of which the referendum is held;

• (d) the petition organisers; and

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

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

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

• (4) The counting officer must give the counting observers all such reasonable facilities for overseeing the proceedings, and all such information with respect to them, as he or she can give them consistently with the orderly conduct of the proceedings and the discharge of his or her duties in connection with them.

• (5) In particular, where the votes are counted by sorting the ballot papers according to the answer for which the vote is given and then counting the number of ballot papers for each answer, the counting observers shall be entitled to satisfy themselves that the ballot papers are correctly sorted.

The count

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• (1) The counting officer must—

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

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

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

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

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

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

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

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

• (b) the postal voting statement, duly signed, is also returned in the manner set out in paragraph (4) and reaches the counting officer or such a polling station before that time;

• (c) the postal voting statement also states the date of birth of a voter or proxy; and

• (d) in a case where steps for verifying the date of birth and signature of a voter or proxy have been prescribed by regulations made under the 1983 Act, the counting officer (having taken such steps) verifies that date of birth and that signature.

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

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

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

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

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

• (7) The counting officer must verify each ballot paper account by comparing it with the number of ballot papers recorded by him or her, and the unused and spoilt ballot papers in his or her possession and the tendered votes list (opening and resealing the packets containing the unused and spoilt ballot papers and the tendered votes list) and must draw up a statement as to the result of the verification, which any counting observer may copy.