Legalize / United Kingdom / Statutory-Instrument

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

Type Statutory-Instrument

Publication 2012-02-08

Last updated 2024-12-04

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

PDF Download

articles Not indexed

Reform history JSON API

(8) The counting officer must so far as practicable proceed continuously with counting the votes, allowing only time for refreshment, except that he or she may exclude the hours between 7 in the evening and 9 on the following morning.

(9) During the time so excluded the counting officer must—

(a) place the ballot papers and other documents relating to the referendum under his or her own seal; and

(b) otherwise take proper precautions for the security of the papers and documents.

Re-count

37

(1) A petition organiser, if present when the counting or any re-count of the votes is completed, may require the counting officer to have the votes re-counted or again re-counted but the counting officer may refuse to do so if in his or her opinion the request is unreasonable.

(2) No step shall be taken on the completion of the counting or any re-count of votes until such petition organisers as are present at its completion have been given a reasonable opportunity to exercise the right conferred by this rule.

Rejected ballot papers

38

(1) Any ballot paper—

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

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

(c) on which anything is written or marked by which the voter or proxy can be identified except the printed number and other unique identifying mark on the back; or

(d) which is unmarked or void for uncertainty,

shall, subject to paragraph (2), be void and not counted.

(2) A ballot paper on which the vote is marked—

(a) elsewhere than in the proper place; or

(b) otherwise than by means of a cross; or

shall not for such reason be deemed to be void if an intention that the vote shall be for one or the other of the answers clearly appears, and the way the paper is marked does not itself identify the voter or proxy and it is not shown that he or she can be identified by it.

(3) The counting officer must endorse the word “rejected” on any ballot paper which under this rule is not to be counted, and must add to the endorsement the words “rejection objected to” if any objection is made by a counting observer to the counting officer’s decision.

(4) The counting officer must draw up a statement showing the number of ballot papers rejected under the several heads of—

(a) want of official mark;

(b) voting for more than one answer;

(d) unmarked or void for uncertainty.

Decisions on ballot papers

39

The decision of the counting officer on any question arising in respect of a ballot paper shall be final, but shall be subject to review on a referendum petition.

Equality of votes

40

Where, after the counting of the votes (including any re-count) is completed, an equality of votes is found to exist between the answers the counting officer must forthwith decide the referendum by lot.

PART 7 — Declaration of Result and Disposal of Documents

Declaration of result

41

When the result of the poll has been ascertained, the counting officer must forthwith—

(a) declare the result of the referendum;

(b) inform the proper officer of the authority by or in respect of which the referendum was held of the result of the referendum;

(i) the result of the referendum;

(ii) the number of ballot papers counted;

(iii) the total number of votes cast for each answer; and

(iv) the number of rejected ballot papers under each head shown in the statement of rejected ballot papers.

Sealing up of ballot papers

42

(1) On the completion of the counting at a referendum the counting officer must seal up in separate packets the counted and rejected ballot papers.

(2) The counting officer must not open the sealed packets of—

(a) tendered ballot papers;

(b) the completed corresponding number lists;

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

Delivery of documents to relevant registration officer

43

(1) The counting officer must then forward to the relevant registration officer the following documents—

(a) the packets of ballot papers in the counting officer’s possession;

(b) the ballot paper accounts and the statements of rejected ballot papers and of the result of the verification of the ballot paper accounts;

(c) the tendered votes lists, the lists of voters and proxies with disabilities assisted by companions, the lists of votes marked by the presiding officer and the related statements, the lists maintained under rule 32, and the declarations made by the companions of voters and proxies with disabilities;

(d) the packets of the completed corresponding number lists;

(e) the packets of certificates as to employment on duty on the day of the poll; and

(f) the packets containing marked copies of registers (including any marked copy notices issued under section 13B(3B) or (3D) of the 1983 Act) and of the postal voters list, of the lists of proxies and of the proxy postal voters list,

endorsing on each packet a description of its contents, the date of the referendum to which it relates and the name of the local authority by which or in respect of which the referendum was held.

(2) In this rule and in rules 44 and 45 references to the relevant registration officer are to the registration officer of the local authority by or in respect of which the referendum is held.

Orders for production of documents

44

(1) An order—

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

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

may be made by a county court, if the court is satisfied by evidence on oath that the order is required for the purpose of instituting or maintaining a prosecution for an offence in relation to ballot papers, or for the purpose of a referendum petition.

(2) An order for the opening of a sealed packet of the completed corresponding number lists or of certificates as to employment on duty on the day of the poll or for the inspection of any counted ballot papers in the custody of the relevant registration officer may be made by an election court.

(3) An order under this rule may be made subject to such conditions as to—

(a) persons;

(b) time;

(d) production or opening,

as the court making the order may think expedient.

(4) In making and carrying into effect an order for the opening of a packet of the completed corresponding number lists or of certificates as to employment on duty on the day of the poll or for the inspection of counted ballot papers, care must be taken that the way in which the vote of any particular person has been given shall not be disclosed until it has been proved—

(a) that that person’s vote was given; and

(b) that the vote has been declared by a competent court to be invalid.

(5) An appeal lies to the High Court from any order of a county court under this rule.

(6) Any power given under this rule to a county court may be exercised by any judge of the court otherwise than in open court.

(7) Where an order is made for the production by the relevant registration officer of any document in his or her possession relating to any specified referendum—

(a) the production by the relevant registration officer or his or her agent of the document ordered in such manner as may be directed by that order shall be conclusive evidence that the document relates to the specified referendum; and

(b) any endorsement on any packet of ballot papers so produced shall be prima facie evidence that the ballot papers are what they are stated to be by the endorsement.

(8) The production from proper custody of—

(a) a ballot paper purporting to have been used at any referendum; and

(b) a completed corresponding number list with a number marked in writing beside the number of the ballot paper,

shall be prima facie evidence that the person whose vote was given by that ballot paper was the person whose entry in the register of electors or on a notice issued under section 13B(3B) or (3D) of the 1983 Act at the time of the referendum contained the same number as the number written as mentioned in sub-paragraph (b) of this paragraph.

(9) Save as by this rule provided, no person shall be allowed to inspect any rejected or counted ballot papers in the possession of the relevant registration officer or open any sealed packets of the completed corresponding number lists or of certificates as to employment on duty on the day of the poll.

Retention of documents

45

The relevant registration officer must retain for one year all documents relating to a referendum forwarded to him or her in pursuance of these Rules by a counting officer, and then, unless otherwise directed by an order of a county court, the Crown Court, a magistrates’ court or an election court, must cause them to be destroyed.

PART 8 — Appendix of Forms

Note:—The forms contained in this Appendix may be adapted so far as circumstances require.

Form of Ballot Paper: Question in referendum as specified in paragraph 1 of Schedule 1

Form of Ballot Paper: Question in referendum as specified in paragraph 2 of Schedule 1

Form of Ballot Paper: Question in referendum as specified in paragraph 3 of Schedule 1

Form of Ballot Paper: Question in referendum as specified in paragraph 4 of Schedule 1

Form of Ballot Paper: Question in referendum as specified in paragraph 5 of Schedule 1

Form of Ballot Paper: Question in referendum as specified in paragraph 6 of Schedule 1

Corresponding Number List L1

Corresponding Number List L2

Form of Postal Voting Statement

Official Poll Card (to be sent to a voter voting in person)

Official Postal Poll Card (to be sent to a voter voting by post)

Official Proxy Poll Card (to be sent to an appointed proxy voting in person)

Official Proxy Postal Poll Card (to be sent to an appointed proxy voting by post)

Ballot Paper Refusal List

Form of directions for the guidance of the voters and proxies in voting

Form of Certificate of Employment

Declaration to be made by the companion of a voter or proxy with disabilities

SCHEDULE 4 — Application, with modifications, of Acts and subordinate legislation

Interpretation

1

(1) The provisions set out in the first column of Tables 1 to 6 have effect subject to—

(a) any modification mentioned in the second column of those Tables; and

(b) unless the context otherwise requires, the modifications mentioned in sub-paragraph (2).

(2) The modifications mentioned in this paragraph are—

(a) a reference to an election must be construed as a reference to the referendum;

(b) a reference to a returning officer must be construed as a reference to the counting officer;

(d) a reference to voting for, or a vote for, a candidate must be construed as a reference to voting for, or a vote for, an answer;

(e) a reference to promoting or procuring the election of a candidate, or furthering a person's candidature, must be construed as a reference to promoting or procuring a particular result in the referendum;

(f) references to nomination papers and, except as mentioned in sub-paragraphs (d) and (e), references to candidates, must be ignored;

(g) a reference to the return of a person must be construed as a reference to a particular result in the referendum;

(h) a reference to a person voting as an elector must be construed as a person voting on his or her own behalf;

(i) a reference to a person's entitlement as an elector to an absent vote must be construed as a reference to a person's entitlement to vote by post on his or her own behalf or to vote by proxy;

(j) except where the polls at the referendum and an election are taken together in accordance with regulation 10(1) or (5), where anything is required to be done in the presence of election, polling, counting or other agents, the reference to the presence of agents must be ignored;

(k) a reference to anything having been prescribed must be construed as a reference to its being provided for by a provision of subordinate legislation applied by these Regulations;

(l) a form which is required to be used may be used with such variations as the circumstances require;

(m) a reference to the registration officer, in relation to a district or a London borough, is a reference to the relevant registration officer appointed under section 8 of the 1983 Act ; and for the purpose of the exercise of a registration officer's functions in relation to the referendum, section 52(1) to (4) (discharge of registration duties) and section 54(1), (3) and (4) (payment of expenses of registration) of that Act have effect;

(n) a reference to an election petition must be construed as a reference to a referendum petition;

(o) any reference to an enactment or instrument made under an enactment must be construed as a reference to that enactment or instrument as applied by these Regulations;

(p) so much of any provision as applies only in Scotland, Wales or Northern Ireland is to be ignored.

(1) Provision	(2) Modification
Section 13AB (alteration of registers: interim publication dates)	After “election”, in each place, insert “or referendum”
	In subsection (5), for the words from “is the last day” to the end, substitute “is the 19th working day before the day of the referendum; and in this subsection “working day” means a day which is not a day mentioned in regulation 18(2) of the Local Authorities (Conduct of Referendums) (England) Regulations 2012.”
	After subsection (8) insert—8AThis section also applies to referendums.
Section 13B (alteration of registers: pending elections)	After “election”, in each place, substitute “ or referendum ”.
	After subsection (4) insert—
	“(4A) This section also applies to referendums.”
Section 31 (polling districts and stations at local government elections)	In subsection (1)—
	(a) for “elections of county councillors” substitute “ referendums by or in respect of a county ”, and
	(b) for “elections of London borough or district councillors” substitute “ referendums by or in respect of a London borough or district ”.
	In subsection (3) for “local government elections” substitute “ referendums ”.
Section 35(4) (appointments by returning officers)
Section 36(4) and (6) (returning officer's expenditure at local elections)	In subsection (4) for the words from “by a returning officer” to “London borough)” substitute “ by a counting officer for a voting area in relation to the holding of a referendum ”.
	In subsection (6) for the words from the beginning to “councillor, the council” substitute “ Before a poll is taken at such a referendum as is referred to in subsection (4), the authority ”.
	Paragraph 1(2)(b) of this Schedule does not have effect in relation to the first reference in subsection (6) to the returning officer.
Section 47 (loan of equipment for local elections)	In subsection (1) for “the returning officer at a local government election” substitute “ the counting officer at a referendum ”.
	In subsection (2)—
	(a) omit the words from “, or” at the end of paragraph (a) to “as the case may be”;
	(b) for “an election held under those Acts” substitute “ a referendum ”.
Section 49(4) to (5) (effect of registers)	In subsection (5) omit “prevent the rejection of the vote on a scrutiny or”.
Section 60 (personation)	In subsection (2) omit “parliamentary or”.
Section 61 (other voting offences)	In subsection (1) after “local government election” and “local government elections”, in each place, insert “ or referendum ” or “or referendums” respectively.
	In subsection (1A)—aomit paragraphs (a), (b), (e) and (f);bafter “local government election” and “local government elections” in each place they occur, insert “or referendum” or “or referendums” respectively;cin paragraph (d)(ii), after “that election” insert “or referendum”.
	For subsections subsections (2) to (3A) substitute—2 A person shall be guilty of an offence if—athat person votes on his or her own behalf otherwise than by proxy—imore than once in the same voting area,iiin more than one voting area, oriiiin any voting area where there is in force an appointment of a person to vote as his or her proxy in the referendum in another voting area, orbthat person votes on his or her own behalf in person and is entitled to vote by post, orcthat person votes on his or her own behalf in person knowing that a person appointed to vote as his or her proxy has already voted in person or is entitled to vote by post, ordthat person applies for a person to be appointed as his or her proxy to vote for him or her without applying for the cancellation of a previous appointment of a third party then in force or without withdrawing a pending application for such an appointment.3A person shall be guilty of an offence if—athat person votes as proxy for the same person either—imore than once in the same voting area, orii in more than one voting area, orbthat person votes in person as proxy for a person and is entitled to vote by post as proxy for someone whom he or she already knows to have voted in person.4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
	In subsection (3B)—
	(a) omit paragraphs (a)(i) and (ii) and (b);
	(b) after “local government election” and “local government elections” in each place they occur, insert “or referendum” or “or referendums” respectively;
	(c) in paragraph (a)(iv) and (c)(ii), after “those elections” insert “or referendums”.
	In subsection (6ZB), for “, (2A)(a) to (c), (3)(a)(i) and (3A)(a) to (c)” substitute “and (3)(a)(i)”.
	For subsection (6A) substitute—6AA person is not guilty of an offence under subsection (2)(b) only by reason of his or her having marked a tendered ballot paper in pursuance of rule 29 of the Local Government Act Referendums Rules or rule 31 of the Local Government Act Referendums (Combination of Polls) Rules (as the case may be) within the meaning of the Local Authorities (Conduct of Referendums)(England) Regulations 2012.
Section 62A (offences relating to applications for postal and proxy votes)	In subsection (1)(a) after “election” insert “ or referendum ”.
Section 62C (Influencing voters at polling booths)	In subsection (3)(b), for “rule 39 of Schedule 1” substitute “rule 28 of the Local Government Act Referendums Rules or rule 30 of the Local Government Act Referendums (Combination of Polls) Rules (as the case may be)”.
Section 63 (breach of official duty)	In subsection (3) after “local government election” in both places insert “ or referendum ”.
	In subsection (4)(a) after “election” insert “ or referendum ”.
Section 65 (tampering with ballot papers, etc)	In subsection (1)—
	(a) after “election”, in the first place it occurs, insert “ or referendum ”, and
	(b) omit paragraph (a).
	In subsection (3) for “clerk” substitute “ person ”.
Section 66 (requirement of secrecy)	For subsection (1)(b) substitute—bevery polling observer, so attending,.
Section 66 (requirement of secrecy)	In subsection (6A), in the definition of “relevant election” (in which all references to “election” are modified to be construed as references to “referendum” by paragraph 1(2)(a) of this Schedule)—aomit paragraph (a), andbin paragraph (b) omit “under the local government Act”.
Section 66A (prohibition of exit polls)	In subsection (2) omit the “and” preceding paragraph (b) and after that paragraph insert—
	“; and
	(c) any referendum”.
Section 92 (broadcasting from outside the United Kingdom)	In subsection (1) after “local government election” insert “ or referendum ”.
Section 94 (imitation poll cards)	In subsection (2)—
	(a) after “section 36” insert “ above, or regulations made under section 9MG of the Local Government Act 2000 ”, and
	(b) after “the rules”, insert “ or, as the case may be, the regulations ”.
Section 96 (schools and rooms for local election meetings)	For subsection (1) substitute—
	“(1) Subject to the provisions of this section, any person is entitled, for the purpose of holding a public meeting to promote a particular result in the referendum, to use free of charge at reasonable times during the campaign period any meeting room to which this section applies.
	(1A) In subsection (1), “the campaign period” means the period of 25 days ending with the day before the date of the referendum.”
	Omit subsection (2).
	In subsection (3)—
	(a) for the words from “electoral area for which” to “that electoral area” substitute “ voting area ”, and
	(b) omit paragraph (b).
	In subsection (4)—
	(a) omit the words “and paragraph 1(1) of Schedule 5 to this Act”,
	(b) after the words “that section” insert “subject to the substitution in subsection (5) of that section, for the word “ candidate ” of the word “person” ”, and
	(c) omit the words from “and any person” to the end.
	After subsection (4) insert—
	“(5) The lists maintained by a county council, district council or London borough council of meeting rooms which candidates at a parliamentary election in any constituency are entitled to use shall have effect for the purposes of the referendum; and any person shall, before the referendum, be entitled at all reasonable hours to inspect those lists or a copy of them.”
Section 97 (disturbances at election meetings)	For subsection (2) substitute—
	“(2) This section applies to a meeting in connection with a referendum held during the campaign period.
	(2A) In subsection (2) “the campaign period” means the period of 25 days ending with the day before the date of the referendum.”
Section 100(1) and (2) (illegal canvassing by police officers)	In subsection (1) for the words from “from giving his vote” to the end substitute “ from giving his or her vote in the referendum in a voting area wholly or partly within the police area ”.
Section 109 (payments for the exhibition of election notices)
Section 110 (details to appear on election publications)
Section 111 (prohibition of paid canvassers)
Section 112 (providing money for illegal purposes)
Section 112A (handling of postal voting documents by political campaigners)	In subsection (7)—(a) omit paragraphs (a) to (d),(b) in paragraph (g) for “any of paragraphs (a) to (f)” substitute “paragraph (e) or (f)”, and(c) after paragraph (h) insert—“(i) a person involved in the conduct or management of a campaign conducted with a view to promoting or procuring a particular outcome in relation to the question to be asked in the relevant referendum.”.In subsection (8), in the definition of “relevant election” (in which all references to “election” are modified to be construed as references to “referendum” by paragraph 1(2)(a) of this Schedule))—(a) omit paragraph (a), and(b) in paragraph (b) for “local government election” substitute “referendum”.
Section 113 (bribery)
Section 114 (treating)
Section 114A (undue influence)
Section 116 (rights of creditors)	Omit paragraphs (b) and (c).
Section 118 (interpretation of Part 2)
Section 119 (computation of time for purposes of Part 2)	In subsection (1)(b) after “disregarded” insert—
	“; and
	(c) in computing any period referred to in section 96(1A) or 97(2A), as applied for the purposes of a referendum, any of the days so mentioned shall be disregarded.”
Section 167 (application for relief)
Section 168 (prosecutions for corrupt practices)
Section 169 (prosecutions for illegal practices)
Section 170 (conviction of illegal practice on charge of corrupt practice etc)
Section 173(1)(a)(i), (2) and (3) (incapacities)	In subsection (1)(a)(i) after “Great Britain” insert “ or at any referendum ”.
Section 174 (mitigation and remission etc)
Section 175 (illegal payments etc)	Omit subsection (2).
Section 176 (time limit for prosecutions)
Section 177 (summary trial)	For “the local government Act” substitute “ the Local Authority (Conduct of Referendums) (England) Regulations 2012 ”.
	In subsection (1)(a) for the words from “in the county” to “adjoins”, substitute “ for the voting area in which the offence is alleged to have been committed ”.
Section 178 (prosecution of offences committed outside the United Kingdom)
Section 179 (offences by associations)
Section 181(1) (Director of Public Prosecutions)
Section 185 (interpretation of Part 3)
Section 199B (translations of certain documents)	In subsections (1), (5) and (7) after “local government election” insert “ or referendum ”.
	Omit subsection (4)(a).
Section 200(1A) and (2) (public notices, and declarations)
Section 202 (interpretation)
(1) Provision	(2) Modification
---	---
Section 15 (combination of polls at parliamentary ... and local elections)	After subsection (1)(b) insert—
	“or
	(d) a referendum and an election of one or more of the descriptions specified in paragraph (b),”.
	In subsection (2), after “related areas”, insert “ or the polls at elections and a referendum ”.
	In subsection (4)—
	(a) after “elections”, in the first place where that word appears, insert “ or elections and a referendum (as the case may be) ”,
	(b) after “one election” insert “ or the referendum ”, and
	(c) after “elections”, in the second place where that word appears, insert “ or the elections and the referendum (as the case may be) ”.
(1) Provision	(2) Modification
---	---
Section 10 (pilot schemes for local elections in England and Wales)	In subsection (2)—
	(a) after “Representation of the People Acts”, insert “ or the Local Government Act 2000 ”, and
	(b) in paragraph (c) for “candidates” substitute “ any campaign organiser within the meaning of regulation 6 of the Local Authorities (Conduct of Referendums) (England) Regulations 2012 ”.
	In subsection (3)—
	(a) in paragraph (b) for “candidates” substitute “ campaign organisers ”, and
	(b) for “section 75(1) of the 1983 Act (restriction on third party election expenditure)” substitute “ regulation 6 of the Local Authorities (Conduct of Referendums) (England) Regulations 2012 ”.
	Omit subsection (4).
	At the end of subsection (7)(a) insert “ or the Local Government Act 2000 ”.
	In subsection (11) for the words after “means”, substitute “ a county council, district council or a London borough council. ”
Section 12 (changes relating to absent voting at elections in Great Britain)	In subsection (1) at the end insert “ ; and as regards referendums ”.
Schedule 4 (absent voting in Great Britain)	In paragraph 1(1), in the definition of “the appropriate rules” at the end of paragraph (b), insert—
	“, and
	(c) in the case of a referendum, the Local Government Act Referendums Rules or the Local Government Act Referendums (Combination of Polls) Rules (as the case may be) within the meaning of the Local Authorities (Conduct of Referendums) (England) Regulations 2012”.
	In paragraphs 2 to 7, 7C and 7D, except in paragraphs 3(1), 3(2), 3(4)(a)(i), 3(4)(aa), 3(5)(ca), 6(7), 7(4)(a) , 7(6)(a)(i), 7(6)(aa) and 7(9)(ca), after “local government election”, “local government elections”, “elections” and “election”, insert, as the context requires, “ or a referendum ”, “or referendums”, or “or the referendum”.
	In paragraphs 3(1) and 3(2) for “or at both” substitute “ or at referendums, or at any combination of such polls ”.
	In paragraphs 3(4)(a)(i) and 7(6)(a)(i) for “or both” substitute “ or referendums, or at any combination of such polls ”.
	In paragraphs 3(4)(aa), 3(5)(ca), 7(6)(aa) and 7(9)(ca), for “(or both)” substitute “or referendums, or at any combination of such polls”.
	In paragraphs 6(7) and 7(4)(a) for “or at both” substitute “ or at referendums, or at any combination of such polls ”.
(1) Provision	(2) Modification
---	---
Section 6A (attendance of representatives of Commission at elections etc)	After subsection (1)(b) insert—
	“;
	(c) proceedings relating to a referendum under the Local Authorities (Conduct of Referendums) (England) Regulations 2012 which are the responsibility of the counting officer.”
Section 6B (observation of working practices by representatives of Commission)	After subsection (2) insert—
	“(2A) A representative of the Commission may also observe the working practices of a counting officer at a referendum under the Local Authorities (Conduct of Referendums) (England) Regulations 2012, and any person acting under his or her direction.”
Section 6C (accredited observers: individuals)	In subsection (1) after “applies” insert “ or which is held under the Local Authorities (Conduct of Referendums) (England) Regulations 2012 ”.
Section 6D (accredited observers: organisations)	In subsection (1) after “applies” insert “ or which is held under the Local Authorities (Conduct of Referendums) (England) Regulations 2012 ”.
Section 6E (attendance and conduct of observers)	For subsection (4)(c) substitute—
	“(c) in the case of any other proceedings at a referendum to which Part 7 applies, the relevant counting officer (within the meaning of section 6A);
	(ca) in the case of any other proceedings at a referendum under the Local Authorities (Conduct of Referendums) (England) Regulations 2012, the counting officer;”
	In subsection (4)(d) for “or (c)” substitute “ , (c) or (ca) ”.
(1) Provision	(2) Modification
---	---
Section 42 (access to other election documents)
Section 43 (access to other election documents: contravention of regulations)	In subsection (1)(a) after “section 42” insert “ as applied by the Local Authorities (Conduct of Referendums) (England) Regulations 2012 ”.
Section 44 (access to other election documents: supplementary)	In subsection (5) for the words “election documents” to “Northern Ireland)” substitute “ referendum documents are such documents relating to a referendum ”.
	After subsection (7)(e) insert—
	“;
	(f) in relation to a referendum, a voting area within the meaning of the Local Authorities (Conduct of Referendums) (England) Regulations 2012.”
Section 46 (returning officers: correction of procedural errors)	After subsection (3)(b) insert—
	“;
	(c) a referendum.”
	Omit subsection (6).
Section 69 (encouraging electoral participation)	After subsection (8)(b) insert—
	“;
	(c) a counting officer at a referendum.”
(1) Provision	(2) Modification
---	---
Regulation 3 (interpretation)	In paragraph (1), for the definition of “relevant absent voting application” substitute— “relevant absent voting application” means an application (including a partially completed application) under paragraph 3, 4 or 6 of Schedule 4 to the Representation of the People Act 2000 as applied by the Local Authorities (Conduct of Referendums) (England) Regulations 2012;.At the end of paragraph (2)(b) insert—, orcin the case of a referendum, the corresponding rule in the Local Government Act Referendums Rules or the Local Government Act Referendums (Combination of Polls) Rules (as the case may be) within the meaning of the Local Authorities (Conduct of Referendums) (England) Regulations 2012.
Regulation 4(1)(b) (forms) and, in so far as it gives effect to Forms E1 and K1 in Schedule 3, regulation 4(2)
Regulation 5 (communication of applications, notices, etc)
Regulation 6 (electronic signatures and related certificates)
Regulation 7 (copies of documents)
Regulation 8 (time)
Regulation 11 (interference with notices)
Regulation 50 (interpretation of Part 4)
Regulation 51 (general requirements for an absent vote)	For paragraph (4)(b) substitute—
	“(b) whether it is made for all or any of parliamentary elections, local government elections or referendums.”
	In paragraph (5)—
	(a) after “election”, in each place, insert “ or referendum ”, and
	(b) omit “elections”.
Regulation 51A (additional provision concerning the requirement that an application for an absent vote must be signed by the applicant)
Regulation 51AA (additional requirement for applications for ballot papers to be sent to different address from that stated in application)
Regulation 51B (additional requirements for applications for ballot papers to be sent to different address from that shown in the record kept under paragraph 3(4) or 7(6) of Schedule 4)
Regulation 52 (additional requirements for applications for the appointment of a proxy)	In paragraphs (A1), (1A)(a) and (2), after “local government election” insert “or referendum”.
Regulation 55 (additional requirements for applications for a proxy vote in respect of a particular election)
Regulation 55A (additional requirements for applications for an emergency proxy vote in respect of a particular election) : grounds relating to occupation, service or employment
Regulation 55B (additional requirements for application for an emergency proxy vote in respect of a particular parliamentary election or local government election in England: grounds relating to voter identification)
Regulation 56 (closing dates for applications)	In paragraphs (1) to (3A), after “election” in each place insert “or referendum”.
Regulation 56 (closing dates for applications)	In paragraph (3D), after “election” in the second and third places it occurs insert “or referendum”.In paragraphs (4) to (5A) and (7)(b), after “election” in each place insert “or referendum”.
Regulation 56 (closing dates for applications)	In paragraph (3F)(a), after “election” in each place it occurs insert “or referendum”.
Regulation 56A (grounds relating to voter identification)	In paragraph (3)—in sub-paragraph (a), after “election” in the second place it occurs insert “or referendum”;in sub-paragraph (b)(i) and (ii), after “election” insert “or referendum”.In paragraph (6)—in sub-paragraph (a), after “election” in the second place it occurs insert “or referendum”;in sub-paragraph (b), after “election” in the first place it occurs insert “or referendum”.
Regulation 56B (verification of information provided in a relevant absent voting application)
Regulation 56C (power to request additional evidence in relation to relevant absent voting applications where registration officer considers it necessary)
Regulation 56D (processing of information provided in connection with a relevant absent voting application)
Regulation 57 (grant or refusal of applications)	In paragraph (3A)(b)— aafter “election” insert “or referendum”;bafter “elections” insert “or referendums”.
Regulation 57 (grant or refusal of applications)	In paragraph (5) after “election” insert “or referendum”.
Regulation 57 (grant or refusal of applications)	In paragraph (7), after “local government election” insert “or referendum”.
Regulation 58 (notice of appeal)
Regulation 59 (cancellation of proxy appointment)
Regulation 60B (requirement to provide fresh signatures following rejection of a postal voting statement)
Regulation 61B	In paragraph (3)(a) for “any candidate or agent” substitute “ those ”.
Regulation 61C (notification of a rejected postal voting statement or document)
Regulation 62 (marked register for polling stations)
Regulation 64 (interpretation of Part 5)	Omit the definition of “agent”.
Regulation 65 (combination of polls)	Substitute—
	“65 Where the polls at elections or referendums are taken together under—
	(a) section 15(1) or (2) of the 1985 Act (combination of polls at parliamentary ... and local government elections),
	(b) section 36(3) or (3AB) of the 1983 Act (combination of polls at local elections), or
	(c) the Local Authorities (Conduct of Referendums) (England) Regulations 2012, the proceedings at the issue and receipt of postal ballot papers may, if the returning and counting officers concerned agree, be taken together.”
Regulation 66 (form of postal voting statement)	Omit paragraph (a).
Regulation 67 (persons entitled to be present at proceedings on issue of postal ballot papers)
Regulation 68 (persons entitled to be present at proceedings on the receipt of postal ballot papers)	Where the issue and receipt of postal votes are not taken together at more than one poll in accordance with regulation 65 of the Representation of the People Regulations as applied by these Regulations:
	For paragraphs (a) to (d) substitute—
	“(a) the counting officer and his or her clerks,
	(b) persons who by virtue of rule 35(2)(a) to (e) of the Local Government Act Referendums Rules or rule 37(3)(a) to (e) of the Local Government Act Referendums (Combination of Polls) Rules (as the case may be) within the meaning of the Local Authorities (Conduct of Referendums) (England) Regulations 2012 are entitled to attend at the counting of the votes.”
	Where the issue and receipt of postal votes are taken together at more than one poll in accordance with regulation 65 of the Representation of the People Regulations as applied by these Regulations:
	After paragraph (d) insert—
	“(e) the counting officer and his or her clerks, and
	(f) persons who by virtue of rule 35(2)(a) to (e) of the Local Government Act Referendums Rules or rule 37(3)(a) to (e) of the Local Government Act Referendums (Combination of Polls) Rules (as the case may be) within the meaning of the Local Authorities (Conduct of Referendums) (England) Regulations 2012 are entitled to attend at the counting of the votes.”
Regulation 69 (agents of candidates who may attend proceedings on receipt of postal ballot papers)	In paragraph (8) for “candidates or their agents” substitute “ persons entitled to be present by virtue of regulation 68 ”.
	Where the issue and receipt of postal votes are not taken together at more than one poll in accordance with regulation 65 of the Representation of the People Regulations as applied by these Regulations:
	Omit paragraphs (1) to (7).
	Where the issue and receipt of postal votes are taken together at more than one poll in accordance with regulation 65 of the Representation of the People Regulations as applied by these Regulations
	For paragraph (3) substitute—
	“(3) Where postal ballot papers for more than one election or referendum are issued together by virtue of regulation 65, the references to the returning officer in paragraphs (2), (4) and (5) must be construed as references to the returning or counting officer who issues the postal ballot papers.”
Regulation 70 (notification of requirement of secrecy)
Regulation 71 (time when postal ballot papers are to be issued)
Regulation 72 (procedure on issue of postal ballot paper)	In paragraph (5) after “one election” insert “ or referendum, or for an election combined with a referendum ”.
	In paragraph (5)(a)—
	(a) after “elections” insert “ and referendums ”, and
	(b) after “election” insert “ or referendum ”.
	In paragraph (6) for “the poll at one election is taken with the poll at another election” substitute “ polls are taken together ”.
Regulation 73 (refusal to issue postal ballot paper)
Regulation 74 (envelopes)
Regulation 75 (sealing up of completed corresponding number lists and security of special lists)
Regulation 76 (delivery of postal ballot papers)
Regulation 77 (spoilt postal ballot papers)	In paragraph (2)(b) for “election” substitute “ poll ”.
Regulation 78 (lost postal ballot papers)	In paragraph (2A)(b) for “election” substitute “ poll ”.
Regulation 78A (cancellation of postal ballot papers)	In paragraph (1), for “after the final nomination day at a parliamentary or local government election” substitute “during the referendum period in respect of a referendum”.Omit paragraph (5).
Regulation 79(2A), (2B), (4) and (4A) (alternative means of returning postal ballot paper or postal voting statement)	In paragraph (4A) for “polling agents” substitute “polling observers (if any)”.
Regulation 79A (requirements of return of postal voting documents form)
Regulation 79B (rejection of postal voting documents handed in at a polling station)
Regulation 79C (procedure for dealing with rejected postal voting documents handed in at a polling station)	In paragraph (2) for “polling agents” substitute “polling observers (if any)”.
Regulation 79D (postal voting documents left behind at a polling station)
Regulation 80 (notice of opening of postal ballot paper envelopes)	Where the issue and receipt of postal votes are not taken together at more than one poll in accordance with regulation 65 of the Representation of the People Regulations as applied by these Regulations;
	In paragraph (1) for “each candidate” substitute “ those persons who by virtue of rule 35(2)(a) to (e) of the Local Government Act Referendums Rules or rule 37(3)(a) to (e) of the Local Government Act Referendums (Combination of Polls) Rules (as the case may be) within the meaning of the Local Authorities (Conduct of Referendums) (England) Regulations 2012 are entitled to attend at the counting of the votes ”.
	Omit paragraph (2)(b).
	Where the issue and receipt of postal votes are taken together at more than one poll in accordance with regulation 65 of the Representation of the People Regulations as applied by these Regulations:
	In paragraph (1) after “each candidate” insert “ and those persons who by virtue of rule 35(2)(a) to (e) of the Local Government Act Referendums Rules or rule 37(3)(a) to (e) of the Local Government Act Referendums (Combination of Polls) Rules (as the case may be) within the meaning of the Local Authorities (Conduct of Referendums) (England) Regulations 2012 are entitled to attend at the counting of the votes ”.
Regulation 81 (postal ballot boxes and receptacles)	In paragraphs (3) and (4) for “the agents” substitute “ those ”.
Regulation 82 (receipt of covering envelopes)
Regulation 82A (postal voting documents handed in to the returning officer)	In paragraph (1), for the words from “in accordance with” to the end substitute “in accordance with rule 36(4)(a) of the Local Government Act Referendums Rules or rule 38(6)(a) of the Local Government Act Referendums (Combination of Polls) Rules”.
Regulation 82B (rejection of postal voting documents handed in to the returning officer)
Regulation 82C (procedure for dealing with rejected postal voting documents handed in to the returning officer)
Regulation 82D (postal voting documents left behind with the returning officer)
Regulation 82E (opening of delivered or collected packets of postal voting documents)
Regulation 83 (opening of postal voters' ballot box)	In paragraph (1) for “the agents” substitute “ such of those who are entitled to attend as are present ”.
Regulation 84 (opening of covering envelopes)
Regulation 84A (confirming receipt of postal voting statements)
. . .	. . .
Regulation 85A (procedure in relation to postal voting statements: personal identifier verification)	In paragraph (4) for “agents” substitute “ counting observers or agents or both (as the case may be) ”.
. . .	. . .
Regulation 86 (opening of ballot paper envelopes)
Regulation 86A (retrieval of cancelled postal ballot papers)	In paragraph (2)(b) and (f) for “agents” substitute “ counting observers or agents or both (as the case may be) ”.
Regulation 87 (lists of rejected postal ballot papers or postal voting documents)
Regulation 88 (checking of lists kept under regulation 87)
Regulation 89 (sealing of receptacles)
Regulation 91 (forwarding of documents)	After paragraph (3A) insert—
	3BIn the case of a referendum, the documents to be forwarded under paragraphs (1) and (3A)(a) are to be forwarded to the registration officer of the local authority by or in respect of which the referendum is to be held.
Regulation 116 (interpretation of Part 7)
Regulation 118 (inspection of documents open to public inspection)
Regulation 119 (conditions on the use, supply and disclosure of documents open to public inspection)
In Schedule 3, Form E1	After “REPRESENTATION OF THE PEOPLE ACTS” insert “ [[insert name of council*] REFERENDUM] ”.
	After “Local government electoral area(s)” insert “ Referendum voting area… ”.
	After the words “[local government] election” in both places where they occur, insert “[referendum]”.
	After the words “[electoral area], in both places where they occur, insert “[voting area]”.
	In the note after “election” in each place insert “ or referendum ”.
In Schedule 3, Form K1	For “Representation of the People Acts” substitute “Local Authorities (Conduct of Referendums) (England) Regulations”.For “Parliamentary Election” substitute “Local Government Act Referendum”.

SCHEDULE 5 — The Local Government Act Referendums (Combination of Polls) Rules

PART 1 — Citation and Interpretation

Citation

1

These Rules may be cited as the Local Government Act Referendums (Combination of Polls) Rules.

Interpretation

2

(1) In these Rules—

“relevant returning or counting officer” means the returning officer or the counting officer discharging the functions under (as the case may be)— regulation 5 of the Combination of Polls Regulations[^f00113]; or regulation 13(2);

“voter” means a person entitled to vote on his or her own behalf.

(2) Subject to paragraph (1), expressions used both in these Rules and 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 relevant returning or counting officer, nor the counting officer, be obliged to take any step in relation to 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 a 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;

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

The corresponding number list

8

(1) Subject to paragraph (2), the relevant returning or counting officer must prepare a list containing the numbers and other unique identifying marks of all of the ballot papers to be issued by that person in pursuance of rule 13(1) or provided by him or her in pursuance of rule 17(1).

(2) Where proceedings on the issue and receipt of postal ballot papers in the referendum are not taken together with such proceedings at one or more relevant elections and referendums, the counting officer must prepare the list mentioned in paragraph (1) in respect of all of the ballot papers to be issued by him or her in pursuance of rule 13(1).

(3) The list must be in the form M1 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 and the relevant returning or counting officer may use, free of charge, for relevant purposes—

(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) That 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.

(3) In paragraph (1) “relevant purposes” means—

(a) in the case of the counting officer, the counting of the votes; and

(b) in the case of the relevant returning or counting officer, the taking of the poll and the discharging of the functions under rule 38(1).

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 relevant returning or 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.

(4) The notice published under paragraph (3) must—

(a) state that the poll at the referendum is to be taken together with the poll at a relevant election or referendum;

(b) specify the parliamentary constituency[^f00114], local counting area, Assembly constituency, voting area or, as the case may be, the relevant local authority and, in the case of an election to fill a casual vacancy, the electoral area for which the relevant election is held; and

Postal ballot papers

13

(1) The relevant returning or counting officer must, in accordance with regulations made under the 1983 Act[^f00115], 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 relevant returning or 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;

(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 relevant returning or counting officer must ensure that the return of the ballot paper and postal voting statement is free of charge to the voter or proxy.

(5) In paragraphs (1), (2) and (4) for “relevant returning or counting officer” substitute “counting officer” where proceedings on the issue and receipt of postal ballot papers at the referendum are not taken together with such proceedings at one or more relevant elections or referendums.

Provision of polling stations

14

(1) The relevant returning or 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) The polling stations are the polling places or polling stations (as the case may be) designated for the purposes of the election or referendum for which the relevant returning or counting officer discharges functions which are not combined functions.

(3) In paragraph (2) “combined functions” means functions under regulation 5 of the Combination of Polls Regulations or regulation 13(2).

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

(5) 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.

(6) The relevant returning or 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 clerks

15

(1) The relevant returning or 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 relevant returning or 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 relevant returning or counting officer so presiding with the necessary modifications as to things to be done by the relevant returning or counting officer to the presiding officer or by the presiding officer to the relevant returning or 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 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;

(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 with an anonymous entry, 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) mean 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.

(6) If the counting officer and the returning or counting officer (as the case may be) for each relevant election or referendum think fit, an official poll card issued under this rule may be combined with the official poll card issued at every relevant election or referendum.

Equipment of polling stations

17

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

(2) The same ballot box may be used for the poll at the referendum and the poll at every relevant election or referendum, if the relevant returning or counting officer thinks fit.

(3) 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.

(4) The relevant returning or 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 M2 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.

(5) The reference in paragraph (4)(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[^f00116] in respect of alterations to the register.

(6) The relevant returning or counting officer must also provide each polling station with—

(a) at least one large version of each ballot paper which must be printed on the same colour paper as the corresponding ballot paper and 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 (11) 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 30(1)).

(7) Where notwithstanding paragraph (2) separate ballot boxes are to be used, each ballot box must be clearly marked with—

(a) the election or referendum to which it relates, as shown on the ballot papers for that election or referendum; and

(b) the words “Place the [specify colour of ballot papers in question] ballot papers in here”.

(8) 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.

(9) The relevant returning or counting officer may also provide copies of the notice mentioned in paragraph (8) 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.

(10) In every compartment of every polling station there must be exhibited the following notice—

*PARLIAMENTARY ELECTION

([Specify colour] ballot paper)

vote for ONE candidate only

*EUROPEAN PARLIAMENTARY ELECTION

([specify colour] ballot paper)

vote for ONE party or individual candidate only

*[specify name of council ...] COUNCIL ELECTION

([specify colour] ballot paper)

*vote for no more than .... Candidates

*vote for ONE candidate only

*ELECTION OF THE MAYOR OF LONDON

([specify colour] ballot paper)

[On the ballot paper for the election of the Mayor, vote ONCE for your first choice and ONCE for your second choice]

*ELECTION OF THE LONDON ASSEMBLY

[On the constituency members ballot paper [specify colour] vote for ONE candidate only]

[On the London members ballot paper [specify colour] vote for ONE party or individual candidate only]

*[specify name of council ...] REFERENDUM

([specify colour] ballot paper)

Appointment of counting observers

18

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

(2) Where the counting officer is not the relevant returning or counting officer, he or she must give notice in writing of the appointments of counting observers to that officer as soon as is practicable following the appointment.

(3) For the purpose of assisting the counting officer in the discharge of his or her functions under paragraph (1), 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.

For the purposes of the calculations required by this paragraph, a counting observer who has been appointed on the nomination of more than one petition organiser is a separate counting observer for each of the petition organisers by whom he or she has been nominated.

(7) Where a counting observer appointed on the nomination of a petition organiser dies or becomes incapable of acting, the petition organiser who made the nomination may nominate another person to be appointed as a counting observer in his or her place by giving notice in writing to the counting officer.

(8) Paragraphs (4) and (5) apply to a nomination under paragraph (7), with the substitution in paragraph (4) for “fifth day” of “final day”.

(9) In the following provisions of these Rules references to counting observers shall be taken as references to counting observers whose appointments have been duly made.

(10) Any notice required to be given by the counting officer to a counting observer appointed on the nomination of a petition organiser may be delivered at, or sent by post to, the address stated in the notice of nomination.

(11) A petition organiser may do any act or thing which any counting observer is authorised to do, or may assist any counting observer appointed on his or her nomination in doing any such act or thing.

(12) Where by these Rules any act or thing is required or authorised to be done in the presence of the counting observers, the non-attendance of any such person at the time and place appointed for the purpose shall not, if the act or thing is otherwise duly done, invalidate the act or thing done.

Appointment of polling observers

19

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

(2) Where the counting officer is not the relevant returning or counting officer, he or she must give notice in writing of the appointment to the relevant returning or counting officer.

(3) That notice must state the names and addresses of the persons appointed and must be given not later than the fifth day (disregarding any day specified in rule 4) before the day of the poll.

(4) Not more than four polling observers or polling agents, or such greater number as the relevant returning or counting officer may by notice allow, shall be permitted to attend at any particular polling station and if the number of such polling observers or agents exceeds that number, the relevant returning or counting officer must determine which polling observers or agents are permitted to attend by lot and only the polling observers and agents on whom the lot falls shall be deemed to have been duly appointed.

(5) In the following provisions of these Rules references to polling observers shall be taken as references to polling observers whose appointments have been duly made.

(6) Where by these Rules any act or thing is required or authorised to be done in the presence of the polling observers, the non-attendance of any such person at the time and place appointed for the purpose shall not, if the act or thing is otherwise duly done, invalidate the act or thing done.

Notification of requirement of secrecy in respect of polling stations

20

The relevant returning or counting officer must make such arrangements as he or she thinks fit to ensure that 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, as applied by Schedule 4[^f00119].

Notification of requirement of secrecy in respect of the count

21

The counting officer must make such arrangements as he or she thinks fit to ensure that 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 section 66 of the 1983 Act, as applied by Schedule 4.

Return of postal ballot papers

22

(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 relevant returning or counting officer must mark the list in the manner prescribed by regulations made under the 1983 Act[^f00120].

(2) In paragraph (1) for “relevant returning or counting officer” substitute “counting officer” where proceedings on the issue and receipt of postal ballot papers at the referendum are not taken together with such proceedings at one or more relevant elections or referendums.

(3) Rule 38(5) 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 the polling station

23

(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;

(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[^f00121];

(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;

(i) any petition organiser; and

(j) persons entitled to be admitted to the polling station at a relevant election or referendum with which the poll at the referendum is combined.

(2) The presiding officer must regulate the total number of voters and 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 any returning or counting officer at any relevant election or referendum 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 returning or counting officer by whom the person is employed, as the case may be.

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

Keeping of order in station

24

(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 relevant returning or 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

25

Immediately before the commencement of the poll, the presiding officer must show the ballot box is 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

26

(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 a 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

27

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 23(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

28

(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(4)(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 or proxy who is added to the register in pursuance of a notice issued under section 13B(3B) or (3D) of the 1983 Act[^f00122], 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.

(6) The same copy of the register of electors which is used under paragraph (1) for the referendum or, where paragraph (3) applies, the same copy of the notice issued under section 13B(3B) or (3D) of the 1983 Act, may be used for each relevant election or referendum, and—

(a) one mark may be placed in that copy of the register or on that notice under paragraph (1)(c) or in the list of proxies under paragraph (1)(d) to denote that a ballot paper has been issued in respect of each election or referendum; but

(b) where a ballot paper has not been issued in respect of a relevant election or referendum, a different mark must be placed in the copy of that register or, as the case may be, on that notice or in that list so as to identify each election or referendum in respect of which a ballot paper was issued.

Votes marked by presiding officer

29

(1) 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”).

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

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

(5) The same list may be used for the referendum and each relevant election or referendum and, where it is so used, an entry in that list shall be taken to mean that the ballot papers were so marked in respect of each election or referendum, unless the list identifies the election or referendum at which the ballot paper was so marked.

Voting by persons with disabilities

30

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

(a) blindness or other disability; or

(b) inability to read,

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

(2) 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 and proxies with disabilities assisted by companions”).

Tendered ballot papers: circumstances where available

31

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

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

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

applies for a ballot paper after another person has voted in person either as the voter or his or her proxy, the applicant shall, on satisfactorily answering the questions permitted by law to be asked at the poll, be entitled, subject to the provisions of rule 32, to mark a ballot paper (in these Rules referred to as “a tendered ballot paper”) in the same manner as any other voter.

(2) Paragraph (4) applies if—

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

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

(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

(4) The person shall, on satisfactorily answering the questions permitted by law to be asked at the poll, be entitled, subject to the provisions of rule 32, to mark a ballot paper (in these Rules referred to as a “tendered ballot paper”) in the same manner as any other voter.

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

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

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

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

(6) The person shall, on satisfactorily answering the questions permitted by law to be asked at the poll, be entitled, subject to the provisions of rule 32, to mark a ballot paper (in these Rules referred to as a “tendered ballot paper”) in the same manner as any other voter.

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

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