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

Tendered ballot papers: general provisions

32

• (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) 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 tendered ballot papers were marked in respect of each election or referendum, unless the list identifies the election or referendum at which a tendered ballot paper was marked.

• (4) 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.

• (5) In the case of a voter who has an anonymous entry, this rule and rule 31 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 on the register or list (as the case may be).

• (6) 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 31 shall apply as if—

• (a) in rule 31(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

33

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

34

• (1) 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.

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

Adjournment of poll in case of riot

35

• (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 relevant returning or 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

36

• (1) As soon as practicable after the close of the poll, the presiding officer must, in the presence of the polling observers appointed for the purposes of the referendum and the polling agents or observers appointed for the purposes of each relevant election or referendum, make up into separate packets, sealed with his or her own seal and the seals of such polling observers and agents 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 28(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 34 (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 relevant returning or counting officer to be taken charge of by that person; but if the packets are not delivered by the presiding officer personally to the relevant returning or counting officer, the arrangements for their delivery shall require that officer’s approval.

• (2) The contents of the packets referred to in sub-paragraphs (b), (c) and (f) of paragraph (1) must not be combined with the contents of the packets made under the corresponding rule that applies at any relevant election or referendum; nor shall the statement prepared under paragraph (4) be so combined.

• (3) 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.

• (4) 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

37

• (1) Where the counting officer at the referendum is the relevant returning or counting officer, he or she must—

• (a) make arrangements for—

• (i) discharging the functions under rule 38(1) in the presence of the counting observers appointed for the purposes of the referendum and the election agents and counting agents or observers appointed for the purpose of each relevant election or referendum as soon as practicable after the close of the poll; and

• (ii) thereafter counting the votes at the referendum in the presence of the counting observers appointed for the purpose of that referendum; and

• (b) give to the counting observers appointed for the purposes of the referendum and the election agents and counting agents or observers appointed for the purpose of each relevant election or referendum notice in writing of the time and place at which he or she will begin to discharge the functions under rule 38(1).

• (2) Where the counting officer at the referendum is not the relevant returning or counting officer, he or she must—

• (a) make arrangements for counting the votes in the presence of the counting observers as soon as practicable after the delivery of the ballot papers to him or her by the relevant returning or counting officer; and

• (b) give to the counting observers notice in writing of the time after which he or she will begin to count the votes if by then he or she has received the ballot papers and of the place at which that count will take place.

• (3) 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.

• (4) No person other than a person entitled to be present at the counting of the votes at the referendum under paragraphs (4) to (13) of rule 38 or at a relevant election or referendum may be present at the proceedings under rule 38(1) unless permitted by the relevant returning or counting officer to attend.

• (5) A person not entitled to attend at—

• (a) the proceedings under rule 38(1); or

• (b) the counting of the votes,

must not be permitted to do so by, respectively, the relevant returning or counting officer or the counting officer unless he or she is satisfied that the efficient separation of the ballot papers or, as the case may be, the efficient counting of the votes will not be impeded.

• (6) The—

• (a) relevant returning or counting officer, in respect of proceedings under rule 38(1); and

• (b) counting officer, in respect of the counting of votes,

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.

• (7) 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

38

• (1) Where the counting officer at the referendum is the relevant returning or counting officer, he or she must—

• (a) in the presence of the counting observers appointed for the purposes of the poll at the referendum and the election agents and counting agents or observers appointed for the purposes of the poll at each relevant election or referendum, open each ballot box and record separately the number of ballot papers used in each election;

• (b) in the presence of the counting observers appointed for the purposes of the poll at the referendum and the election agents and counting agents or observers appointed for the purposes of each relevant election or referendum, verify each ballot paper account;

• (c) count such of the postal ballot papers as have been duly returned and record separately the number counted at the referendum and each relevant election or referendum;

• (d) separate the ballot papers relating to the referendum from the ballot papers relating to each relevant election or referendum;

• (e) make up into packets the ballot papers for each relevant election or referendum and seal them up in separate containers endorsing on each a description of the area to which the ballot papers relate;

• (f) deliver or cause to be delivered to the returning or counting officer for the relevant election or referendum to which the ballot papers relate—

• (i) those containers, together with a list of them and of the contents of each; and

• (ii) the ballot paper accounts together with a copy of the statement as to the result of their verification in respect of that election; and

• (g) at the same time deliver or cause to be delivered to that officer packets that so relate containing—

• (i) the unused and spoilt ballot papers;

• (ii) the tendered ballot papers; and

• (iii) the certificates as to employment on duty on the day of the poll.

• (2) Where separate ballot boxes are used, no vote for any candidate or answer shall be rendered invalid by the ballot paper being placed in the ballot box intended for use at any relevant election or referendum.

• (3) After completion of the proceedings under paragraph (1), the counting officer must mix together all of the ballot papers used at the referendum and count the votes given on them.

• (4) Where the counting officer at the referendum is not the relevant returning or counting officer, he or she must—

• (a) on receipt of containers from the relevant returning or counting officer, and after the time specified in the notice given under rule 37(2)(b), in the presence of the counting observers open each container;

• (b) where the proceedings on the issue and receipt of postal ballot papers are not taken together with such proceedings at a relevant election or referendum under regulation 65 of the Representation of the People (England and Wales) Regulations 2001[^f00123], or under that regulation as applied by these Regulations or by regulations made under sections 44 and 105 of the Local Government Act 2000, count such of the postal ballot papers as have been duly returned and record the number counted; and

• (c) mix together the postal ballot papers and the ballot papers from all of the containers and count the votes given on them,

and paragraph (11) shall not apply to these proceedings.

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

• (a) it is returned in the manner set out in paragraph (6) and reaches the relevant returning or counting officer or any polling station in the appropriate electoral area (as defined in paragraph (7)) before the close of the poll;

• (b) the postal voting statement, duly signed, is also returned in the manner set out in paragraph (6) 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 the 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[^f00124], the relevant returning or counting officer (having taken such steps) verifies that date of birth and that signature.

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

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

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

• (7) The appropriate electoral area in respect of any voter or proxy shall be—

• (a) the area which is common to the parliamentary constituency[^f00125], electoral area, local counting area, local authority area or voting area (as the case may be) in which the polls at the referendum and any relevant election or referendum are being taken together; and

• (b) in respect of which polls the voter or proxy has been issued with a postal ballot paper.

• (8) In paragraphs (5)(a) and (d) and (6)(a) 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.

• (9) The counting officer must not count any tendered ballot papers.

• (10) The—

• (a) relevant returning or counting officer, in respect of the proceedings under paragraph (1); and

• (b) the counting officer, while 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.

• (11) The relevant returning or 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.

• (12) The—

• (a) relevant returning or counting officer, in respect of the proceedings under paragraph (1); and

• (b) counting officer, in respect of the counting of the votes,

must so far as practicable proceed continuously, allowing only time for refreshment, except that they may exclude the hours between 7 in the evening and 9 on the following morning.

• (13) During the time so excluded the relevant returning or counting officer or counting officer (as the case may be) must—

• (a) place the ballot papers and other documents relating to the referendum under his or her own seal and the seals of such of the counting observers as desire to affix their seals; and

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

Re-count

39

• (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

40

• (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 on the back and other unique identifying mark; 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

• (c) by more than one mark,

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;

• (c) writing or mark by which the voter or proxy could be identified;

• (d) unmarked or void for uncertainty.

Decisions on ballot papers

41

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

42

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 — Final Proceedings and Miscellaneous

Declaration of result

43

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;

• (c) give public notice of—

• (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

44

• (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; or

• (b) certificates as to employment on duty on the day of the poll.

• (3) The relevant returning or counting officer must not open the sealed packets of—

• (a) the completed corresponding number lists; or

• (b) 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 lists of proxies.

Delivery of documents to relevant registration officer

45

• (1) Where the counting officer is the relevant returning or counting officer, he or she 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 34, 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 they relate and the name of the local authority by which or in respect of which the referendum was held.

• (2) Where the counting officer at the referendum is not the relevant returning or counting officer, paragraph (1) has effect as if sub-paragraphs (c), (d) and (f) were omitted.

• (3) In this rule and in rules 46 and 47 references to the relevant registration officer are to—

• (a) the registration officer of the local authority by or in respect of which the referendum is held;

• (b) if the electoral area of the relevant election or referendum comprises any part of the area of more than one local authority, the registration officer of the local authority in whose area the greater or greatest (as the case may be) number of electors is registered,

and for these purposes “local authority” does not include the Greater London Authority.

Orders for production of documents

46

• (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 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;

• (c) place and mode of inspection;

• (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 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

47

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 the relevant returning or counting officer and the 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.

Countermand or abandonment of poll at election on death of candidate

48

Where at a contested election the notice of poll is countermanded, or the polling is abandoned, due to the death of a candidate, the polling at the referendum shall not be affected.

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 M1

• Corresponding Number List M2

• Form of Postal Voting Statement (for use where there is joint issue and receipt of postal ballot papers)

• Form of Postal Voting Statement (for use when a referendum poll is combined with another poll but the postal ballot papers are not combined)

• 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 6 — Application, with further modifications, of the Representation of the People Act 1983 in relation to referendum petitions

(1) Provision	(2) Further modifications
Section 128 (presentation of petition questioning local election)[^f00126]	In subsection (1)— for “under the local government Act” substitute “under the Local Authorities (Conduct of Referendums) (England) Regulations 2012”, and omit “either” and the words from “, or by a person” to the end. In subsection (2), for the words from the beginning to “any” substitute “Any”.
Section 129 (time for presentation or amendment of petition questioning local election)	In subsection (1) for “under the local government Act” substitute “under the Local Authorities (Conduct of Referendums) (England) Regulations 2012”. In subsection (2)(b) for “a candidate elected at the election” substitute “any person”. In subsection (3)(b) for “the candidate elected at the election, or by an agent of the candidate or with the privity of the candidate or his election agent” substitute “any person”. Omit subsections (4) and (5). For subsection (7) substitute— 7 Subsections (3) and (6) apply notwithstanding that the act constituting the alleged illegal practice amounted to a corrupt practice. Omit subsection (9).
Section 130 (election court for local election in England and Wales, and place of trial)[^f00127]	In subsection (1) for “and Wales under the local government Act” substitute “under the Local Authorities (Conduct of Referendums) (England) Regulations 2012”. In subsection (3)(a) for “and Wales under the local government Act” substitute “under the Local Authorities (Conduct of Referendums) (England) Regulations 2012”.
Section 131 (accommodation of and attendance on court)
Section 132 (remuneration and allowances)
Section 133 (repayments under section 131 and 132)
Section 136 (security for costs)[^f00128]	In subsection (2)(b) for “petition questioning an election under the local government Act” substitute “referendum petition within the meaning of regulation 15 of the Local Authorities (Conduct of Referendums) (England) Regulations 2012”.
Section 137 (petition at issue)[^f00129]
Section 138 (list of petitions)[^f00130]	In subsection (1)(a) for “all election petitions” substitute “all referendum petitions within the meaning of regulation 15 of the Local Authorities (Conduct of Referendums) (England) Regulations 2012”. In subsection (3) for the words from the beginning to “candidates” substitute “Two or more persons”. In subsection (4)— for “the same election or to elections under the local government Act” substitute “the same referendum or referendums under the Local Authorities (Conduct of Referendums) (England) Regulations 2012”, and for “the election list”, in both places, substitute “the list made out under subsection (1)”.
Section 139 (trial of petition)	In subsection (1) omit “, in the case of a parliamentary election petition, 14 days and in any other case,”. Omit subsection (3). For subsection (5) substitute— 5 On the trial of a petition, the respondent may give evidence in the same manner as if he or she had presented a petition against the referendum. For subsection (6) substitute— 6 Where the petition relates to a referendum as regards which, by reason of an equality of votes found at the count, the result was determined by lot, that determination is to be effective also for the purposes of the petition unless subsection (6A) applies. 6A This subsection applies where the court disallows any vote cast in the referendum; and in any such case— a the determination referred to in subsection (6) is to have no effect, and b the court is to declare the result of the referendum. 6B Where— a the petition relates to a referendum at which no equality of votes was found at the count, and b the court— i disallows any vote cast in the referendum, and ii determines that an equality of votes was cast in the referendum, the result of the referendum is to be determined by the court by lot.
Section 140 (witnesses)[^f00131]
Section 141 (duty to answer relevant questions)[^f00132]
Section 143 (expenses of witnesses)
Section 145 (conclusion of trial of local election petition)[^f00133]	For subsection (1) substitute— 1 At the conclusion of the trial of a petition questioning a referendum under the Local Authorities (Conduct of Referendums) (England) Regulations 2012 the election court is to determine— a in the case of a petition presented on the ground mentioned in regulation 15(1)(a) of those Regulations, whether the result of the referendum was or was not in accordance with the votes cast in the referendum, b in the case of a petition presented on the ground mentioned in regulation 15(1)(b) or (c) of those Regulations, whether the referendum was void. For subsection (1A) substitute— 1A Following a determination under subsection (1)(a), the election court must, as the circumstances require, confirm or reverse the result of the referendum. In subsection (3)— for “sections 158 and” substitute “section”, and for the words from “for which” to the end substitute “by which or in respect of which the referendum was held”. In subsection (6) for “for which the election was held” substitute “by which or in respect of which the referendum was held”.
Section 146 (special case for determination of High Court)	Omit subsection (2). In subsection (3) for the words from the beginning to “local government Act” substitute— 3 In the case of a referendum petition under the Local Authorities (Conduct of Referendums) (England) Regulations 2012, .
Section 147 (withdrawal of petition)
Section 154 (costs of petition)
Section 155 (neglect or refusal to pay costs)
Section 156 (further provision as to costs)[^f00134]
Section 157 (appeals and jurisdiction)[^f00135]	Omit subsection (4).
Section 160(1) and (3) (persons reported personally guilty of corrupt practices)[^f00136]	Omit subsection (1)(b).
Section 161 (Justices of the Peace)[^f00137]
Section 162 (member of legal and certain other professions)
Section 163 (holder of licence or certificate under Licensing Acts)[^f00138]
Section 164(1) and (2) (avoidance of election for general corruption etc)	In subsection (1)— for “election”, in the first two places where that words appears, substitute “referendum”, for “the election of any person at that election” substitute “a particular outcome in relation to the question asked in the referendum”, and for paragraphs (a) and (b) substitute “, the referendum, if that outcome was achieved, is void”. In subsection (2) for “An election” substitute “A referendum”.
Section 167 (application for relief)[^f00139]
Section 180 (evidence by certificate of holding of election)	Omit sub-paragraph (ii) and the word immediately preceding it.
Section 183 (costs)[^f00140]
Section 184 (service of notices)[^f00141]
Section 185 (interpretation of Part 3)[^f00142]

SCHEDULE 7 — Modifications of the Election Petition Rules 1960

(1) Provision modified	(2) Modification
Rule 2(2)[^f00143]	After the definition of “the Act” insert— “the 2012 Regulations” means the Local Authorities (Conduct of Referendums) (England) Regulations 2012; . After the definition of “local election petition” insert— “referendum petition” means a petition under the 2012 Regulations; . In the definition of “petition” insert at the end “or a referendum petition”. For the definition of “constituency” substitute— “constituency” in relation to— a local election petition, means the local government area to which the petition relates; a referendum petition, means the local government area in which the referendum is held; . After the definition of “returning officer” insert “and, in relation to a referendum petition, any reference to a provision of the Act must be construed as a reference to that provision as applied by the 2012 Regulations.”
Rule 2(3)[^f00144]	After “local government Act” insert “and referendums under the 2012 Regulations”.
Rule 4(1)[^f00145]	Omit sub-paragraph (a). For sub-paragraph (b) substitute— b the date and result of the referendum to which the petition relates; . In sub-paragraph (c) for the words from “petition” to “the Act” substitute “referendum petition”.
Rule 10[^f00146]	Omit.
Rule 12(3)[^f00147]	For “the election” substitute “the referendum”.
Rule 14(2)[^f00148]	For “the election may” substitute “the referendum may”.
Rule 16(3)[^f00149]	For “the election may” substitute “the referendum may”.
Rule 18[^f00150]	After “local election petition” insert “or a referendum petition”.
The Schedule[^f00151]	For “a Parliamentary (or Local Government) Election for (state place) ........” substitute “a referendum in (state area)”. In paragraph 1— for “election”, in the first place where that word occurs, substitute “referendum”, omit “(or was a candidate at the above election) (or in the case of a parliamentary election claims to have had a right to be elected or returned at the above election)”. For paragraph 2 substitute— 2 That referendum was held on the [insert day] day of [insert month] [insert year] . In paragraph 4 omit “in the case of a petition mentioned in section 122(2) or (3) or”. For paragraph (1) of the Prayer substitute— 1 That it may be determined [that the result of the referendum was not in accordance with the votes cast] [that the referendum is avoided] [that the referendum is tainted as mentioned in regulation 17(5) of the 2012 Regulations]. * Include or omit as the circumstances require.*

Signed

Signed by authority of the Secretary of State for Communities and Local Government

Greg Clark — Minister of State — 2012-02-08

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 2000 c.22. Part 1A was inserted into the Local Government Act 2000 by Schedule 2 to the Localism Act 2011 (c.20). Section 105 was amended by paragraph 70 of Schedule 3 to the Localism Act 2011.

[^f00002]: 1972 c.70.

[^f00003]: 1983 c.2.

[^f00004]: 1985 c.50.

[^f00005]: 2000 c.22.

[^f00006]: 2011 c.13.

[^f00007]: S.I. 2011/2914.

[^f00008]: S.I. 2001/ 341; amended by SI 2001/1700, 2002/1871, 2004/226, 2006/752 and 2006/2910.

[^f00009]: S.I. 2004/294; amended by SI 2006/3278.

[^f00010]: 1985 c.50; the definitions were amended by section 3 of the European Communities (Amendment) Act 1986 (c.58) in consequence of the European Assembly being renamed the European Parliament.

[^f00011]: 1983 c.2; the definition of “local government election” was amended by paragraph 39 of Schedule 17 to the Greater London Authority Act 1999 (c.29).

[^f00012]: S.I. 2007/1024.

[^f00013]: 1990 c.42. Section 201, containing the definition of programme service, was amended by section 360 of and Schedule 19 to the Communications Act 2003 (c.21).

[^f00014]: 1983 c.2; the existing section was substituted for the original section 13 by paragraph 6 of Schedule 1 to the Representation of the People Act 2000 (c.2).

[^f00015]: 1983 (c.2); the existing section 10 was substituted by paragraph 4 of Schedule 1 to the Representation of the People Act 2000 (c.2) and amended by paragraphs 5 and 105 of Schedule 1 to the Electoral Administration Act 2006 (c.26).

[^f00016]: 2003 c.44.

[^f00017]: 1983 c.2; subsection (1) was amended by paragraph 11 of Schedule 16 to the Local Government Act 1985 (c.51).

[^f00018]: 2002 c.24. Section 1 was substituted by section 1 of the European Parliament (Representation) Act 2003 (c.7). Amendments were made by section 16 of the European Union Act 2011 (c.12). Substitutions were made by S.I. 2004/366 and S.I. 2008/1954.

[^f00019]: 1999 c.29.

[^f00020]: Section 89 was amended by paragraph 13 of Schedule 8 to the Representation of the People Act 1983 (c.2), section 19 of the Representation of the People Act 1985 (c.50) and Schedule 17 to the Local Government Act 1985 (c.51).

[^f00021]: 2000 c.2. Schedule 4 was amended by paragraph 164 of Schedule 27 to the Civil Partnerships Act 2004 (c.33), and sections 5, 14, 35 and 38 of, and paragraphs 19, 20 and 137 of Schedule 1 to, the Electoral Administration Act 2006 (c.22).

[^f00022]: S.I. 1960/543; amended by SI 1985/1278, 1999/1352 and 2003/972.

[^f00023]: 1971 c.80.

[^f00024]: S.I. 1992/666; as amended by paragraph 233 of Schedule 22 to the Environment Act 1995 (c.25) and S.I. 1994/2351, 1996/525, 1997/1810, 2001/1149, 2001/4050, 2003/2155 and 2005/3050.

[^f00025]: 1988 c.41, to which there have been no relevant amendments.

[^f00026]: S.I. 2007/2089

[^f00027]: See the Representation of the People (England and Wales) Regulations 2001 S.I. 2001/341 (amended by S.I. 2001/1700, 2002/1871, 2004/226, 2006/752 and 2006/2910).

[^f00028]: Section 13B of the 1983 Act was inserted by paragraph 3 of Schedule 2 to the Representation of the People Act 2000 (c.2) and amended by section 11(3) of the Electoral Administration Act 2006 (c.22). Subsections (3B) and (3D) of section 13B were inserted by section 11(4) of the Electoral Administration Act 2006 (c.22).

[^f00029]: Subsections (1), (2) and (3) of section 66 of the 1983 Act were amended by paragraphs 69, 82, 86(b) and 96 of Schedule 1 to the Electoral Administration Act 2006 (c.22); subsection (6) was amended by paragraph 3 of Schedule 3 to the Representation of the People Act 1985 (c.50).

[^f00030]: See regulation 84A of the Representation of the People (England and Wales) Regulations 2001 S.I. 2001/341 as amended by S.I. 2006/2910.

[^f00031]: 1983 c.2

[^f00032]: As amended by paragraph 12 of Schedule 4 to the Representation of the People Act 1985 (c.50) and paragraph 6 of Schedule 21 to the Political Parties, Elections and Referendums Act 2000 (c.41).

[^f00033]: As amended by paragraph 14 of Schedule 4 to the Representation of the People Act 1985 (c.50).

[^f00034]: 1983 c.2.

[^f00035]: The existing section 13B was substituted (together with sections 13 and 13A) for section 13 as originally enacted by paragraph 6 of Schedule 1 to the Representation of the People Act 2000 (c.2); section 13B was amended by section 11 of the Electoral Administration Act 2006 (c.41).

[^f00036]: Section 31 was amended by Schedule 17 to the Local Government Act 1985 (c.50), paragraph 2 of Schedule 3 to the Greater London Authority Act 1999 (c.29) and paragraph 108 of Schedule 1 to the Electoral Administration Act 2006 (c. 22).

[^f00037]: Subsection 4 was amended by Schedule 17 to the Local Government Act 1985 (c.51).

[^f00038]: Section 47 was amended by S.I. 1991/1728 and paragraph 6 of Schedule 21 to the Political Parties, Elections and Referendums Act 2000 (c.41).

[^f00039]: Subsection (4A) was inserted by paragraph 7 of Schedule 1 to the Electoral Administration Act 2006 (c.22); subsection 5 was substituted by S.I. 1995/1948 and amended by paragraph 12 of Schedule 1 to the Representation of the People Act 2000 (c.2).

[^f00040]: Section 61 was amended by paragraph 2 of Schedule 2, and Schedule 5, to the Representation of the People Act 1985 (c. 50), paragraph 10 of Schedule 3 to the Greater London Authority Act 1999 (c.29), paragraph 83 of Schedule 27 to the Civil Partnership Act 2004 (c.33) and section 38(3) of the Electoral Administration Act 2006 (c.22).

[^f00041]: Section 62A was inserted by section 40 of the Electoral Administration Act 2006 (c.22).

[^f00042]: The existing section 63 was substituted by paragraph 19 of Schedule 4 to the Representation of the People Act 1985 (c.50) and amended by S.I. 2001/1149, sections 7, 41(8) and 46(6) of the Electoral Administration Act 2006 (c.22) and sections 25(a) and 39 of and Schedule 7 to the Political Parties and Elections Act 2009 (c.12).

[^f00043]: Section 65 was amended by paragraph 2 of Schedule 3 to the Representation of the People Act 1985 (c.50) and paragraphs 72 and 96 of Schedule 1 to the Electoral Administration Act 2006 (c.22)

[^f00044]: Section 66 was amended by paragraph 3 of Schedule 3 to the Representation of the People Act 1985 (c.50), paragraph 11 of Schedule 3 to the Greater London Authority Act 1999 (c.29) and paragraphs 82, 86 and 96 of Schedule 1 to the Electoral Administration Act 2006 (c.22).

[^f00045]: Section 66A was inserted by paragraphs 3 and 6 of Schedule 6 to the Representation of the People Act 2000 (c.2)

[^f00046]: Section 92 was amended by paragraph 35 of Schedule 20 to the Broadcasting Act 1990 (c.42) and paragraph 61 of Schedule 17 to the Communications Act 2003 (c.21).

[^f00047]: Section 94 was amended by paragraph 36 of Schedule 4 to the Representation of the People Act 1985 (c.50).

[^f00048]: The existing section 96 was substituted for section 96 as originally enacted by paragraph 38 of Schedule 4 to the Representation of the People Act 1985 (c.50) and amended by paragraph 11 of Schedule 30 to the School Standards and Framework Act 1998 (c.31) and paragraph 29 of Schedule 3 to the Greater London Authority Act 1999 (c.29).

[^f00049]: Section 97 was amended by paragraph 39 of Schedule 4 to the Representation of the People Act 1985 (c.50) and Part 1 of Schedule 7 to the Police and Criminal Evidence Act 1984 (c.60).

[^f00050]: Subsection (2) was amended by paragraph 5 of Schedule 3 to the Representation of the People Act 1985 (c.50).

[^f00051]: The existing section 110 was substituted for section 110 as originally enacted by paragraph 14 of Schedule 18 to the Political Parties, Elections and Referendums Act 2000 (c.41).

[^f00052]: Section 113 was amended by paragraph 30 of Schedule 3 to the Greater London Authority Act 1999 (c.29).

[^f00053]: Section 115 was amended by section 39(1) of the Electoral Administration Act 2006 (c.22).

[^f00054]: Section 118 was amended by paragraph 43 of Schedule 4 to the Representation of the People Act 1985 (c.50), section 135 of and paragraph 15 of Schedule 18 to the Political Parties, Elections and Referendums Act 2000 (c.41) and paragraphs 119 and 133 of Schedule 1 to the Electoral Administration Act 2006 (c.22).

[^f00055]: Section 119 was amended by section 19(4) of the Representation of the People Act 1985 (c.50) and paragraph 49 and 51(1) of Schedule 1 to the Electoral Administration Act 2006 (c.22).

[^f00056]: Section 167 was amended by paragraph 56 of Schedule 4 to the Representation of the People Act 1985 (c.50) and paragraph 18 of Schedule 18 to the Political Parties, Elections and Referendums Act 2000 (c.41).

[^f00057]: Section 168 was amended by paragraph 8 of Schedule 3 and paragraph 57 of Schedule 5 to the Representation of the People Act 1985 (c.50) and paragraph 121 of Schedule 1 to the Electoral Administration Act 2006 (c.22).

[^f00058]: Section 169 was amended by paragraph 9 of Schedule 3 to the Representation of the People Act 1985 (c.50).

[^f00059]: The existing section 173 was substituted for section 173 as originally enacted by section 136 of the Political Parties, Elections and Referendums Act 2000 (c.41).

[^f00060]: Section 174 was amended by paragraph 18 of Schedule 18 to the Political Parties, Elections and Referendums Act 2000 (c. 41).

[^f00061]: Section 175 was amended by paragraph 10 of Schedule 3 to Representation of the People Act 1985 (c.50) and paragraph 6 of Schedule 21 to the Political Parties, Elections and Referendums Act 2000 (c.41).

[^f00062]: The existing section 178 was substituted for section 178 as originally enacted by paragraph 62 of Schedule 4 to the Representation of the People Act 1985 (c.50).

[^f00063]: Subsection (1) was amended by paragraph 63 of Schedule 4 to the Representation of the People Act 1985 (c.50).

[^f00064]: Section 185 was amended by paragraph 10 of Schedule 17 to the Political Parties, Elections and Referendums Act 2000 (c. 41) and paragraphs 86 and 87 of Schedule 6 to the Licensing Act 2003 (c.17).

[^f00065]: Section 199B was inserted by section 36 of the Electoral Administration Act 2006 (c.22).

[^f00066]: Subsection (1A) together with existing subsection (1) were substituted for subsection (1) as originally enacted by paragraph 68 of Schedule 4 to the Representation of the People Act 1985 (c.50).

[^f00067]: Section 202 was amended by Part 1 of Schedule 2 and paragraph 70 of Schedule 4 to the Representation of the People Act 1985 (c.50), the Statute Law (Repeals) Act 1983 (c.50), S.I. 1995/1948, the Schedule to the Law Officers Act 1997 (c.60), paragraph 38 of Schedule 3 to the Greater London Authority Act 1999 (c.29), paragraph 22 of Schedule 1 and paragraphs 3 and 9 of Schedule 6 to the Representation of the People Act 2000 (c.2), paragraph 19 of Schedule 18 and paragraph 6 of Schedule 21 to the Political Parties, Elections and Referendums Act (c.41), SI 2001/1149 and section 73 and paragraphs 13, 76 and 128 of Schedule 1 to the Electoral Administration Act 2006 (c.22).

[^f00068]: 1985 (c.50).

[^f00069]: The European Assembly to which section 15 as originally enacted referred was renamed the European Parliament by section 3 of the European Communities (Amendment) Act 1986 (c.58); section 15 was amended by paragraph 7 of Schedule 7 to the Local Government Act 2003 (c.26) and section 3(2) of the Elections Act 2001 (c.7).

[^f00070]: 2000 (c.2).

[^f00071]: Section 10 was amended by paragraph 16 of Schedule 21 to the Political Parties, Elections and Referendums Act 2000 (c.41)

[^f00072]: Schedule 4 was amended by paragraph 164 of Schedule 27 to the Civil Partnerships Act 2004 (c.33), and section 5, 14, 35 and 38 of, and paragraphs 19, 20 and 137 of Schedule 1 to, the Electoral Administration Act 2006 (c.22).

[^f00073]: 2000 (c.41). All the provisions mentioned in this table were inserted by section 29 of the Electoral Administration Act 2006 (c.22).

[^f00074]: 2006 (c.22).

[^f00075]: SI 2001/341; as amended by SI 2001/1700, 2002/1871, 2004/226, 2005/2114, 2006/752, 2006/1694, 2006/2910, 2007/1025, 2008/1901/ 2009/1182, 2010/231/2010/882, 2011/2085 and by paragraph 9 of Schedule 1 to the Counter-Terrorism Act 2008 (c. 28) and Part 3 of Schedule 4 to the Parliamentary Voting System and Constituencies Act 2011 (c.1).

[^f00076]: As amended by SI 2001/1700, 2002/1871 and 2006/2910.

[^f00077]: As amended by SI 2006/2910.

[^f00078]: As amended by SI 2002/1871 and 2006/2910.

[^f00079]: As amended by SI 2006/2910.

[^f00080]: As amended by SI 2006/2910.

[^f00081]: As amended by SI 2006/752 and 2006/2910.

[^f00082]: Inserted by SI 2006/752 and amended by SI 2006/2910.

[^f00083]: Inserted by SI 2006/2910.

[^f00084]: Inserted by SI 2006/752 and amended by SI 2006/2910.

[^f00085]: Substituted by S.I. 2006/752 and amended by SI 2006/2910.

[^f00086]: Amended by SI 2006/752 and 2006/2910.

[^f00087]: Amended by SI 2006/752 and 2006/2910.

[^f00088]: Inserted by 2006/2910.

[^f00089]: Amended by SI 2006/2910.

[^f00090]: Amended by SI 2006/2910.

[^f00091]: Amended by SI 2006/2910.

[^f00092]: Amended by SI 2006/2910.

[^f00093]: Amended by SI 2002/1871, 2006/752 and 2006/2910.

[^f00094]: Amended by SI 2006/2910.

[^f00095]: Amended by SI 2006/2910.

[^f00096]: Amended by SI 2006/2910.

[^f00097]: Amended by SI 2006/752 and 2006/2910.

[^f00098]: Amended by SI 2006/752 and 2006/2910.

[^f00099]: Amended by SI 2006/752 and SI 2006/2910.

[^f00100]: Amended by SI 2006/2910.

[^f00101]: Amended by SI 2006/2910.

[^f00102]: Inserted by SI 2006/2910.

[^f00103]: Amended by SI 2002/1871 and 2006/2910.

[^f00104]: Inserted by SI 2006/2910.

[^f00105]: Inserted by SI 2006/2910.

[^f00106]: Inserted by SI 2006/2910.

[^f00107]: Inserted by SI 2006/2910.

[^f00108]: Amended by SI 2006/752 and 2006/2910.

[^f00109]: Inserted by SI 2006/2910 and amended by SI 2008/1901.

[^f00110]: Inserted by SI 2006/2910 and amended by paragraph 8 of Schedule 1 to the Counter-Terrorism Act 2008.

[^f00111]: Inserted by SI 2006/2910 and amended by paragraph 9 of Schedule 1 to the Counter-Terrorism Act 2008.

[^f00112]: Amended by SI 2005/2114.

[^f00113]: S.I. 2004/294; as amended by SI 2006/3278.

[^f00114]: For the meaning of “parliamentary constituency”, see section 1 of the Parliamentary Constituencies Act 1986 (c.56).

[^f00115]: See the Representation of the People (England and Wales) Regulations 2001 S.I. 2001/341 as amended by SI 2002/1871, 2006/752 and SI 2006/2910.

[^f00116]: Section 13B of the 1983 Act was inserted by paragraph 3 of Schedule 2 to the Representation of the People Act 2000 (c.2) and amended by section 11(3) of the Electoral Administration Act 2006 (c.22). Subsections (3B) and (3D) of section 13B were inserted by section 11(4) of the Electoral Administration Act 2006 (c.22).

[^f00117]: 1999. c.29.

[^f00118]: S.I. 2000/427.

[^f00119]: Subsections (1), (2) and (3) of section 66 of the 1983 Act were amended by paragraphs 69, 82, 86(b) and 96 of Schedule 1 to the Electoral Administration Act 2006 (c.22); subsection (6) was amended by paragraph 3 of Schedule 3 to the Representation of the People Act 1985 (c.50).

[^f00120]: See regulation 84A of the Representation of the People (England and Wales) Regulations 2001 S.I. 2001/341 as amended by S.I. 2006/2910.

[^f00121]: Sections 6A to 6F of the Political Parties, Elections and Referendums Act 2000 (c.41) were inserted by section 29 of the Electoral Administration Act 2006 (c.22).

[^f00122]: Section 13B of the 1983 Act was inserted by paragraph 3 of Schedule 2 to the Representation of the People Act 2000 (c.2) and amended by section 11(3) of the Electoral Administration Act 2006 (c.22). Subsections (3B) and (3D) of section 13B were inserted by section 11(4) of the Electoral Administration Act 2006 (c.22).

[^f00123]: S.I. 2001/341.

[^f00124]: See Regulations 85 and 85A of the Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341), which were inserted by S.I. 2006/2910.

[^f00125]: For the meaning of “parliamentary constituency”, see section 1 of the Parliamentary Constituencies Act 1986 (c.56).

[^f00126]: 1983 (c.2); section 128 was amended by paragraph 12 of Schedule 1 to the Electoral Administration Act 2006 (c.22).

[^f00127]: Section 130 was amended by paragraph 50 of Schedule 10 to the Courts and Legal Services Act 1990 (c. 41), paragraph 2 of Schedule 17 to the Political Parties, Elections and Referendums Act 2000 (c.41) and paragraph 14 of Schedule 10 to the Tribunals, Courts and Enforcement Act 2007 (c.7).

[^f00128]: Section 136 was amended by paragraph 48 of Schedule 4 to the Representation of the People Act 1985 (c.50) and paragraph 19 of Schedule 18 to the Political Parties, Elections and Referendums Act 2000 (c.41).

[^f00129]: The existing section 137 was substituted for section 137 as originally enacted by paragraph 3 of Schedule 17 to the Political Parties, Elections and Referendums Act 2000 (c.41).

[^f00130]: Section 138 was amended by paragraph 4 of Schedule 17 to the Political Parties, Elections and Referendums Act 2000 (c.41).

[^f00131]: Section 140 was amended by paragraph 49 of Schedule 4 to the Representation of the People Act 1985 (c.50).

[^f00132]: Section 141 was amended by paragraph 50 of Schedule 4 to the Representation of the People Act 1985 (c.50) and paragraph 84 of Schedule 27 to the Civil Partnership Act 2004 (c.33).

[^f00133]: Section 145 was amended by paragraph 33 of Schedule 3 to the Greater London Authority Act 1999 (c.29)

[^f00134]: Section 156 was amended by paragraph 51 of Schedule 4 to the Representation of the People Act 1985 (c.50) and paragraphs 48 and 50 of the Legal Services Act 2007 (c.29)

[^f00135]: Section 157 was amended by paragraph 6 of Schedule 17 to the Political Parties, Elections and Referendums Act 2000 (c. 41) and paragraph 28 of Schedule 11 to the Constitutional Reform Act 2005 (c.5).

[^f00136]: Subsection (1) was amended by paragraph 52 of Schedule 4 to the Representation of the People Act 1985 (c.50), and the present subsection (3) was substituted for subsection (3) as originally enacted by that paragraph.

[^f00137]: Section 161 was amended by paragraph 53 of Schedule 4 and Schedule 5 to the Representation of the People Act 1985 (c.50) and paragraph 149 of Schedule 4 to the Constitutional Reform Act 2005 (c.5).

[^f00138]: Section 163 was amended by paragraph 55 of Schedule 4 to the Representation of the People Act 1985 (c.50).

[^f00139]: Section 167 was amended by paragraph 56 of Schedule 4 to the Representation of the People Act 1985 (c.50) and paragraph 18 of Schedule 18 to the Political Parties, Elections and Referendums Acts 2000 (c.41).

[^f00140]: Section 183 was amended by paragraph 28 of Schedule 11 to the Constitutional Reform Act 2005 (c.5).

[^f00141]: Section 184 was amended by paragraph 19 of Schedule 18 to the Political Parties, Elections and Referendums Act 2000 (c. 41), SI 2001/1149 and paragraphs 116 and 118 of Schedule 12 to the Postal Services Act 2011 (c.5).

[^f00142]: Section 185 was amended by paragraph 10 of Schedule 17 to the Political Parties, Elections and Referendums Act 2000 (c. 41) and paragraphs 86 and 87 of Schedule 6 to the Licensing Act 2003 (c.17).

[^f00143]: Amended by S.I. 1985/1278.

[^f00144]: Amended by S.I. 1985/1278.

[^f00145]: Amended by S.I. 1985/1248.

[^f00146]: Amended by S.I. 1985/1278.

[^f00147]: Amended by S.I. 1999/1352.

[^f00148]: Amended by S.I. 1999/1352.

[^f00149]: Amended by S.I. 1999/1352.

[^f00150]: Amended by S.I. 1985/1278.

[^f00151]: Amended by S.I. 1985/1352.

1

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

2

• (1) In these Rules—

• “anonymous elector’s document” and “temporary electoral identity document” have the meanings given in regulation 3(1) of the Voter Identification Regulations 2022;

• “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.

3

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

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.

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.

6

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

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.

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.

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.

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.

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.

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, using the words in the relevant paragraph in Schedule 1 to the Local Authorities (Conduct of Referendums) (England) Regulations 2012.

• (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.

13

• (1) The counting officer must, in accordance with regulations made under the 1983 Act , 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.

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.

• (5) The counting officer must ensure that each polling station contains an area in which voters and proxies can produce proof of identity in private.

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—

• (a) order the arrest, exclusion or removal of any person from the polling station,

• (b) refuse to deliver a ballot paper under rule 24(3) or rule 26(1E) (including that rule as applied by rule 27, 28 or 29), or

• (c) resolve doubts over identity as mentioned in rule 26(1F) (including that paragraph as applied by rule 27, 28 or 29).

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.

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• (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;