The Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012
| (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 mentioned in regulation 23(2) of the Local Authorities (Conduct of Referendums) (Council Tax Increases) (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) | For subsection (1) substitute “ (1) For referendums held by a county, the county council may divide an electoral division into polling districts and may alter any polling district, and for referendums held by a London borough, district or the Common Council, the London borough, district council or Common Council may divide the London borough, district or the City or any ward thereof into polling districts and may alter any polling 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)—(a) 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 ”, and(b) after “returning officer” insert “ or counting officer ”. | |
| 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) for subsection (b) substitute “ (b) the Common Council ” | |
| (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)— | |
| (a) omit paragraphs (a), (b), (e) and (f); | |
| (b)after “local government election” and “local government elections” in each place they occur, insert “or referendum” or “or referendums” respectively; | |
| (c)in paragraph (d)(ii), after “that election” insert “or referendum”. | |
| For subsections (2) to (3A) substitute— | |
| “(2) A person shall be guilty of an offence if— | |
| (a) that person votes on his or her own behalf otherwise than by proxy— | |
| (i) more than once in the same voting area, | |
| (ii) in more than one voting area, or | |
| (iii) in 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, or | |
| (b) that person votes on his or her own behalf in person and is entitled to vote by post, or | |
| (c) that 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, or | |
| (d) that 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. | |
| (3) A person shall be guilty of an offence if— | |
| (a) that person votes as proxy for the same person either— | |
| (i) more than once in the same voting area, or | |
| (ii) in more than one voting area, or | |
| (b) that 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.” | |
| . . . | |
| 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— | |
| “(6A) A 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 Finance Act Referendums Rules or rule 31 of the Local Government Finance Act Referendums (Combination of Polls) Rules (as the case may be) within the meaning of the Local Authorities (Conduct of Referendums) (Council Tax Increases) (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 Finance Act Referendums Rules or rule 30 of the Local Government Finance 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— |
| “(b) every polling observer, so attending,”. | |
| 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(3)(a) of this Schedule)— | |
| omit paragraph (a), and | |
| in 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 52ZQ of the Local Government Finance Act 1992 ”, 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, London borough council or the Common 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(3)(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) (Council Tax Increases) (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 (2) insert—“(2A) Where the polls at one or more of the elections or referendums mentioned in regulation 17(3) of the Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012 are to be taken on the same date as a referendum, the polls may be taken together if the returning officer or counting officer for the election or other referendum and counting officer for the referendum think fit”.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 Finance Act 1992 ”, and | |
| (b) in paragraph (c) for “candidates” substitute “ any campaign organiser within the meaning of regulation 2(1) of the Local Authorities (Conduct of Referendums) (Council Tax Increases) (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 12 of the Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012 ”. | |
| Omit subsection (4). | |
| At the end of subsection (7)(a) insert “ or the Local Government Finance Act 1992 ”. | |
| In subsection (11) for the words after “means”, substitute “ a county council, district council, London borough council or the Common 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 Finance Act Referendums Rules or the Local Government Finance Act Referendums (Combination of Polls) Rules (as the case may be) within the meaning of the Local Authorities (Conduct of Referendums) (Council Tax Increases)(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) (Council Tax Increases) (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) (Council Tax Increases) (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) (Council Tax Increases) (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) (Council Tax Increases) (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) (Council Tax Increases) (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) (Council Tax Increases) (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) (Council Tax Increases) (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) (Council Tax Increases) (England) Regulations 2012; | |
| At the end of paragraph (2)(b) insert— | |
| “, or | |
| (c) in the case of a referendum, the corresponding rule in the Local Government Finance Act Referendums Rules or the Local Government Finance Act Referendums (Combination of Polls) Rules (as the case may be) within the meaning of the Local Authorities (Conduct of Referendums) (Council Tax Increases) (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”.In paragraph (3D), after “election” in the second and third places it occurs insert “or referendum”. In paragraph (3F)(a), after “election” in each place it occurs insert “or referendum”. In paragraphs (4) to (5A) and (7)(b), after “election” in each place 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)— (a) after “election” insert “or referendum”;(b) after “elections” insert “or referendums”.In paragraph (5) after “election” insert “or referendum”. 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), (2) or (2A) 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) (Council Tax Increases) (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 ballot papers 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 (d) of the Local Government Finance Act Referendums Rules or rule 37(3)(a) to (d) of the Local Government Finance Act Referendums (Combination of Polls) Rules (as the case may be) within the meaning of the Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012 are entitled to attend at the counting of the votes.” | |
| Where the issue and receipt of postal ballot papers 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, | |
| (f) persons who by virtue of rule 35(2)(a) to (d) of the Local Government Finance Act Referendums Rules or rule 37(3)(a) to (d) of the Local Government Finance Act Referendums (Combination of Polls) Rules (as the case may be) within the meaning of the Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012 are entitled to attend at the counting of the votes,(g) 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 ballot papers 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 ballot papers 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 ballot papers 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 (d) of the Local Government Finance Act Referendums Rules or rule 37(3)(a) to (d) of the Local Government Finance Act Referendums (Combination of Polls) Rules (as the case may be) within the meaning of the Local Authorities (Conduct of Referendums)(Council Tax Increases) (England) Regulations 2012 are entitled to attend at the counting of the votes ”. | |
| Omit paragraph (2)(b). | |
| Where the issue and receipt of postal ballot papers 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 (1) substitute—“(1) The counting officer shall give to those persons who by virtue of rule 35(2)(a) to (d) of the Local Government Finance Act Referendums Rules or rule 37(3)(a) to (d) of the Local Government Finance Act Referendums (Combination of Polls) Rules (as the case may be) within the meaning of the Local Authorities (Conduct of Referendums)(Council Tax Increases) (England) Regulations 2012 are entitled to attend at the counting of the votes and—(a) where the issue and receipt of postal ballot papers are taken together with the poll at an election, each candidate, or(b) where the issue and receipt of postal ballot papers are taken together with the poll at a Local Government Act referendum, 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 within the meaning of the Local Authorities (Conduct of Referendums) (England) Regulations 2012 are entitled to attend at the counting of the votes,not less than 48 hours' notice in writing of each occasion on which a postal voters' ballot box and the envelopes contained in it is to be opened”. | |
| 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 Finance Act Referendums Rules or rule 38(8)(a) of the Local Government Finance Act (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— |
| (3B) In the case of a referendum, the documents to be forwarded under paragraphs (1) and (3A)(a) are to be forwarded to the relevant registration officer determined in accordance with the Local Government Finance Act Referendums Rules or the Local Government Finance Act Referendums (Combination of Polls) Rules. | |
| Regulation 92 (interpretation and application of Part VI etc) | |
| Regulation 98 (supply of free copy of full register for electoral purposes and restrictions on use) | After paragraph (8) insert—“(8A) Where a registration officer is not the counting officer for a referendum held wholly or partly within his or her registration area, the registration officer shall supply, free of charge, to the counting officer for that referendum, as many printed copies of the documents referred to in paragraph (4)(a) and (b) above as the counting officer may reasonably require for the purposes of such a referendum, together with one copy of each in data form.”In paragraph (9) after “election” insert “ or referendum ”. |
| Regulation 115 (offences in contravention of Part 3, Part 4 and Part 6 regulations) | |
| 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) (Council Tax Increases) (England) Regulations”.For “Parliamentary Election” substitute “Local Government Finance Act Referendum”. |
| (1) Provision | (2) Modification |
| --- | --- |
| Regulation 2 (interpretation) | In paragraph (1) after “the Local Authorities (Conduct of Referendums) (England) Regulations 2001” insert “ or a referendum held in accordance with regulations made under section 52ZQ and 113 of the 1992 Act ”;In paragraph (2) after “the Local Authorities (Conduct of Referendums) (England) Regulations 2001” insert “ or regulation 2(1) of the Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012 (as the case may be) ”. |
| Regulation 4 (returning officers and polling stations) | In paragraph (8) after “the 2000 Act)” insert “ or polls at an election and a referendum or the polls at two or more referendums are taken together under section 15(2)(A) of the 1985 Act or 17(2) of the Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012 ”. |
| Regulation 5 (functions at combined polls) | In paragraph (1) after sub-paragraph (e) insert—“(f) at a referendum held in accordance with regulations made under sections 52ZQ and 113 of the Local Government Finance Act 1992, by the rules in those regulations which correspond to the rules specified in paragraph (2)”;In paragraph (3)(b) after “the 2000 Act” insert “ or sections 52ZQ and 113 of the Local Government Finance Act 1992 ”. |
| Regulation 6 (modification of provision about expenses in the 1983 Act) | In paragraphs (3) and (4) for “15(1) or (2)” in both places substitute “ 15(1), (2) or (2A) ”In paragraph (5)(b) after “the 2000 Act” insert “ or sections 52ZQ and 113 of the Local Government Finance Act 1992 ”. |
| Regulation 8 (modification of parliamentary elections rules) | In paragraph (1) after sub-paragraph (b) insert “or(c) the poll at a referendum in accordance with regulations made under sections 52ZQ and 113 of the 1992 Act”. |
| Schedule 2 (modifications to parliamentary elections rules) | In paragraph 2, in the definition of “referendum” after “the Local Authorities (Conduct of Referendums) (England) Regulations 2001” insert “ or a referendum held in accordance with regulations made under sections 52ZQ and 113 of the Local Government Finance Act 1992 ”.In paragraph 3(a) after “the Local Authorities (Conduct of Referendums) (England) Regulations 2001” insert “ or regulation 2(1) of the Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012 (as the case may be) ”;In paragraph 22 after “the Local Government Act 2000” insert “ or regulations made under sections 52ZQ and 113 of the Local Government Finance Act 1992 ”. |
| ... | |
| --- | --- |
| . . . | . . . |
| . . . | . . . |
| . . . | . . . |
| . . . | . . . |
| . . . | . . . |
| (1) Provision | (2) Modification |
| --- | --- |
| Regulation 2 (Interpretation) | In paragraph 1 after “the Local Authorities (Conduct of Referendums) (England) Regulations 2001” in each place insert “ or the Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012 (as the case may be) ”.Omit paragraph (3)(a). |
| Schedule 3 (rules for conduct of an election of councillors of a principal area where the poll is taken together with the poll at a relevant election or referendum) | In rule 45(5)(b) after “the Local Government Act 2000,” insert “ or regulations made under sections 52ZQ and 113 of the Local Government Finance Act 1992 ”. |
| (1) Provision | (2) Modification |
| --- | --- |
| Regulation 2 (interpretation) | In paragraph (1)—(a) in the definition of “counting officer” after “the Local Authorities Conduct of Referendums (England) Regulations 2001” insert “ or regulation 2(1) of the Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012 (as the case may be) ”;(b) in the definition of “referendum” after the Local Authorities (Conduct of Referendums) (England) Regulations 2001” insert “ or regulations made under sections 52ZQ and 113 of the Local Government Finance Act 1992 ”. |
| Schedule 3 (rules for conduct of an election of councillors of a parish or community where the poll is taken together with the poll at a relevant election or referendum) | In rule 45(4)(b) after “Local Government Act 2000” insert “ or sections 52ZQ and 113 of the Local Government Finance Act 1992 ”. |
| (1) Provision | (2) Modification |
| --- | --- |
| Regulation 2 (interpretation) | In paragraph (1) in the definition of “referendum” after “the Referendum Regulations” insert or a referendum conducted in accordance with regulations made under sections 52ZQ and 113 of the Local Government Finance Act 1992”. |
| Regulation 5 (rules for Authority elections combined with a relevant election or referendum) | In paragraph (1)(b) after “the Local Government Act 2000” insert “ or regulations made under sections 52ZQ or 113 of the Local Government Finance Act 1992 ”. |
| Schedule 5 (the Constituency Members Election Rules) | In rule 2(1)—(a) in the definition of “counting observer”, “counting officer”, “polling observer” and “voting area” after “the Referendum Regulations” in each place insert “or regulation 2 of the Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012 (as the case may be);(b) in the definition of “referendum” after “the Referendum Regulations” insert “ the Local Authorities Conduct of Referendums (Council Tax Increases) (England) Regulations 2012 ”.(c) in paragraph (d) of the definition of “relevant election or referendum” after “the Local Government Act 2000” insert “ or sections 52ZQ and 113 of the Local Government Finance Act 1992 ”.In rule 49(2)(b) after “the Local Government Act 2000” insert “ or regulations made under sections 52ZQ or 113 of the Local Government Finance Act 1992 ”. |
| Schedule 6 (the London Members Elections Rules) | In rule 2(1)—(a) in the definition of “counting observer”, “counting officer”, “polling observer” and “voting area” after “the Referendum Regulations” in each place insert “or regulation 2 of the Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012 (as the case may be);(b) in the definition of “referendum” after “the Referendum Regulations” insert “the Local Authorities Conduct of Referendums (Council Tax Increases) (England) Regulations 2012”.(c) in paragraph (d) of the definition of “relevant election or referendum” after “the Local Government Act 2000” insert “ or sections 52ZQ and 113 of the Local Government Finance Act 1992 ”.In rule 50(2)(b) after “the Local Government Act 2000” insert “ or regulations made under section 52ZQ or 113 of the Local Government Finance Act 1992 ”. |
| Schedule 7 (the Mayoral Elections Rules) | In rule 2(1)—(a) in the definition of “counting observer”, “counting officer”, “polling observer” and “voting area” after “the Referendum Regulations” in each place insert “ or regulation 2 of the Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012 (as the case may be) ”;(b) in the definition of “referendum” after “the Referendum Regulations” insert “ the Local Authorities Conduct of Referendums (Council Tax Increases) (England) Regulations 2012 ”.(c) in paragraph (d) of the definition of “relevant election or referendum” after “the Local Government Act 2000” insert “ or sections 52ZQ and 113 of the Local Government Finance Act 1992 ”.In rule 49(2)(b) after “the Local Government Act 2000” insert “ or regulations made under section 52ZQ or 113 of the Local Government Finance Act 1992 ”. |
| Schedule 8 (Combined Manual Count Rules) | In rule 2(1) in paragraph (d) of the definition of “relevant election or referendum” after “the Local Government Act 2000” insert “ or sections 52ZQ and 113 of the Local Government Finance Act 1992 ”. |
| (1) Provision | (2) Modification |
| --- | --- |
| Regulation 2 (interpretation) | In the definition of “the Referendums Regulations” after “the Local Authorities (Conduct of Referendums) (England) Regulations 2001” insert “ or the Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012 ” |
| Schedule 3 (Mayoral Election (Combination of Polls) Rules | In rule 47(4)(b) after “the Local Government Act 2000” insert “ or sections 52ZQ and 113 of the Local Government Finance Act 1992 ”. |
| (1) Provision | (2) Modification |
| --- | --- |
| Regulation 2 (interpretation) | In paragraph (1) in the definition of “relevant election or referendum” after sub-paragraph (f) insert “ (g) or a referendum held in accordance with regulations made under section 52ZQ and 113 of the Local Government Finance Act 1992 ”. |
| Regulation 10 (combination of polls: general) | After paragraph (8) insert “ (9) Where the poll at the referendum is to be taken on the same day as the poll is to be taken at a referendum held in accordance with regulations made under sections 52ZQ and 113 of the Local Government Finance Act 1992, the polls may be taken together if the counting officer for each of those referendums thinks fit ”. |
| Regulation 11 (combination of referendums and election polls: conduct of referendums) | In paragraph (1) for “10(1) or (5)” substitute “ 10(1), (5) or (9) ”. |
SCHEDULE 5 — The Local Government Finance Act Referendums (Combination of Polls) Rules
PART 1 — Citation and interpretation
Citation
1
These Rules may be cited as the Local Government Finance Act Referendums (Combination of Polls) Rules.
Interpretation
2
- (1) In these Rules—
- (za) “anonymous elector’s document” has the meaning given in regulation 3(1) of the Voter Identification Regulations 2022;
- (a) subject to paragraph (2) below, “relevant returning or counting officer” means the returning or the counting officer (as the case may be) discharging the functions under regulation 5 of the Combination of Polls Regulations ; ...
- (aa) “temporary electoral identity document” has the meaning given in regulation 3(1) of the Voter Identification Regulations 2022; and
- (b) “voter” means a person entitled to vote on his or her own behalf.
- (2) Where regulation 17(1) applies and referendums and elections are not taken together in accordance with section 15(2)(A) of the 1985 Act, references to the “relevant returning or counting officer” are to be construed as references to the counting officer for the relevant billing authority.
- (3) 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.
Computation of time
4
In computing any period of time for the purposes of the Timetable the days mentioned in regulation 23(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.
- (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
- (c) be a different colour from the ballot papers used at any other relevant election or referendum.
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) or (5) (where applicable).
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 , ... 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 or referendum is held; and
- (c) where any of the polls are to be taken together in part of the electoral area or voting area only, specify that part.
Postal ballot papers
13
- (1) The relevant returning or 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 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;
- (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 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.
- (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.
- (7) The relevant returning or counting officer must ensure that each polling station contains an area in which voters and proxies can produce proof of identity in private.
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—
- (a) order the arrest, exclusion or removal of any person from the polling station,
- (b) refuse to deliver a ballot paper under rule 26(3) or rule 28(1E) (including that rule as applied by rule 29, 30 or 31), or
- (c) resolve doubts over identity as mentioned in rule 28(1F) (including that paragraph as applied by rule 29, 30 or 31).
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 and 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 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 in respect of alterations to the register.
- (5A) The counting officer must provide each polling station with a ballot paper refusal list, in the form in the Appendix or a form to like effect, on which entries are to be made as mentioned in rule 32A (refusal to deliver ballot paper).
- (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) such equipment as it is reasonable to provide for the purposes of enabling, or making it easier for, relevant persons to vote independently in the manner directed by rule 28 (voting procedure), including in relation to voting secretly; and for this purpose “relevant persons” means persons who find it difficult or impossible to vote in that manner because of—
- (i) blindness or partial sight; or
- (ii) another disability.
- (6A) Paragraph (10) of rule 29 of Schedule 1 to the 1983 Act (Parliamentary elections rules: guidance to returning officers) applies for the purposes of paragraph (6)(b) of this rule as it applies for the purposes of that rule, but as if—
- (a) the reference in that paragraph to the returning officer were a reference to the relevant returning or counting officer, and
- (b) the reference in that paragraph to paragraph (3A)(b) were a reference to paragraph (6)(b) of this rule.
- (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.
- (8A) A large notice must be displayed inside each polling station containing—
- (a) details of the documents the voter or proxy needs to produce when applying for a ballot paper, namely—
- (i) in the case of a voter (other than a voter with an anonymous entry) or a proxy, any of the forms of identification for the time being referred to in rule 37(1H) of Schedule 1 to the 1983 Act (parliamentary elections rules);
- (ii) in the case of a voter with an anonymous entry, the voter’s official poll card and an anonymous elector’s document showing the same electoral number as the electoral number shown on the official poll card; and
- (b) a statement that further proof of identity may be required to resolve any discrepancy between the name of the holder of a form of identification and the name of the voter or proxy that the voter or proxy claims to be.
- (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 notice—
“*PARLIAMENTARY ELECTION
([Specify colour] ballot paper)
Vote for ONLY ONE CANDIDATE by putting a cross [X] in the box next to your choice.
...
[Specify name of council*] COUNCIL ELECTION
([Specify colour] ballot paper)
*[Vote for NO MORE THAN … CANDIDATES by putting a cross [X] in the box next to EACH of your choices].
*[Vote ONLY ONCE by putting a cross [X] in the box next to your choice].
*ELECTION OF THE MAYOR OF LONDON
([Specify colour] ballot paper)
Vote for ONLY ONE candidate by putting a cross [X] in the box next to your 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.
REFERENDUM ON COUNCIL TAX INCREASE FOR [specify name of local authority*]
([Specify colour] ballot paper)
Vote ONLY ONCE by putting a cross [X] in the box next to your choice.
[Specify other*] ELECTION/REFERENDUM
([Specify colour] ballot paper)
[Specify voting instructions in accordance with the legislation governing the election or referendum*].
PUT NO OTHER MARK ON THE BALLOT PAPER OR YOUR VOTE MAY NOT COUNT.
[PLEASE DO NOT FOLD THE BALLOT PAPERS FOR [specify the election(s) and/or referendum(s) at which the votes are to be counted electronically]. Post them, face downwards, in the [appropriate] ballot box.]
*Complete or omit as necessary.
#Alternatively, insert such information as the GLRO may decide.”.
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) 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.
- (4) 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
- (1) 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.
- (2) In this rule, a reference to a constable includes a person designated as a community support officer under section 38 of the Police Reform Act 2002 (police powers for employees).
Notification of requirement of secrecy in respect of the count
21
- (1) 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.
- (2) In this rule, a reference to a constable includes a person designated as a community support officer under section 38 of the Police Reform Act 2002 (police powers for employees).
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.
- (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(7) 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;
- (ba) persons aged 18 or over returning a postal ballot paper or postal voting statement by hand in accordance with rule 38(8)(b);
- (c) the polling observers appointed to attend at the polling station;
- (d) the clerks appointed to attend at the polling station;
- (e) persons who are entitled to attend by virtue of any of sections 6A to 6D of the Political Parties, Elections and Referendums Act 2000 ;
- (f) the constables on duty;
- (g) the companions of voters and proxies with disabilities; and
- (h) 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.
- (5) In this rule, a reference to a constable includes a person designated as a community support officer under section 38 of the Police Reform Act 2002 (police powers for employees).
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 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 person has answered the previous question in the manner indicated (where applicable), and the letter “R” appears after the question and a polling observer requires the question to be put:
| Q No | Person applying for ballot paper | Question |
|---|---|---|
| 1 | A person applying as a voter | (za)—What is your name? |
| (zb)—What is your address? | ||
| (a)—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]) | ||
| (b)—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 | (za)—What is your name? |
| (zb)—What is your address? | ||
| (a)—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] | ||
| (b)—Have you already voted here or elsewhere at this referendum as proxy on behalf of CD? [R] | ||
| (c)—Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this referendum or any other election or referendum for which the day of poll is today, whether here or elsewhere in this voting area or anywhere else in England, on behalf of four or more voters? [R] | ||
| (d)—If the person answers question (c) in the negative: “Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this referendum or any other election or referendum for which the day of poll is today, whether here or elsewhere in this voting area or anywhere else in England, on behalf of two or more voters?” [R] | ||
| (e)—If the person answers question (d) in the affirmative: “Were two or more of the voters on whose behalf you have voted in this referendum, or any other election or referendum for which the day of poll is today, registered in a register of electors otherwise than in pursuance of a service declaration?” [R] | ||
| (f)—If the person answers question (e) in the affirmative: “Is the voter (or are the voters) for whom you are voting today registered in a register of electors otherwise than in pursuance of a service declaration?” [R] | ||
| 3 | A person applying as proxy for a voter with an anonymous entry (instead of the questions at entry 2) | (za)—What is your name? |
| (zb)—What is your address? | ||
| (a)—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] | ||
| (b)—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] | ||
| (c)—Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this referendum or any other election or referendum for which the day of poll is today, whether here or elsewhere in this voting area or anywhere else in England, on behalf of four or more voters? [R] | ||
| (d)—If the person answers question (c) in the negative: “Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this referendum or any other election or referendum for which the day of poll is today, whether here or elsewhere in this voting area or anywhere else in England, on behalf of two or more voters?” [R] | ||
| (e)—If the person answers question (d) in the affirmative: “Were two or more of the voters on whose behalf you have voted in this referendum, or any other election or referendum for which the day of poll is today, registered in a register of electors otherwise than in pursuance of a service declaration?” [R] | ||
| (f)—If the person answers question (e) in the affirmative: “Is the voter (or are the voters) for whom you are voting today registered in a register of electors otherwise than in pursuance of a service declaration?” [R] | ||
| . . . | . . . | . . . |
| 5 | A person applying as a voter in relation to whom there is an entry in the postal voters list | (za)—What is your name? |
| (zb)—What is your address? | ||
| (a)—Did you apply to vote by post? | ||
| (b)—Why have you not voted by post? | ||
| 6 | A person applying as proxy who is named in the proxy postal voters list | (za)—What is your name? |
| (zb)—What is your address? | ||
| (a)—Did you apply to vote by post as proxy? | ||
| (b)—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) and (b) 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.
- (2A) Where a clerk—
- (a) gives a person the required information (see paragraph (5)),
- (b) puts a question specified in paragraph (1) to the person, and
- (c) decides that the person has failed to answer the question satisfactorily,
the clerk must refer the matter to the presiding officer, who must put the question to the person again.
- (3) Where the presiding officer—
- (a) gives the person the required information,
- (b) puts a question specified in paragraph (1) to the person (whether or not following a referral under paragraph (2A)), and
- (c) decides that the person has failed to answer the question satisfactorily,
the officer must refuse to deliver a ballot paper to the person (and see rule 32A for the procedure where a ballot paper is refused under this paragraph).
- (3A) For the purposes of this rule, a person answers the question “What is your name?” or “What is your address?” satisfactorily if—
- (a) where one of those questions is put, the answer matches a name or address (as the case may be) in the register of electors;
- (b) where both those questions are put, the answers match a name and address in that register that relate to the same person.
- (3B) 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 to the register in paragraph (3A) are to be read as references to the notice issued under section 13B(3B) or (3D).
- (4) Except as authorised by this rule, no inquiry shall be permitted as to the right of any person to vote (and for the purposes of this paragraph, an inquiry relating to the production of identification by a person is not to be regarded as an inquiry as to the right of the person to vote).
- (5) For the purposes of this rule, a person to whom any question is to be put is given “the required information” if the person is first informed that—
- (a) a ballot paper will be refused if the person fails to answer each question satisfactorily, and
- (b) giving false information may be an offence.
Challenge of voter or proxy
27
A person must not be prevented from voting by reason only that—
- (a) any 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) Subject to rule 26(3) and to paragraphs (1A) to (1M), a ballot paper must be delivered to a voter or proxy who applies for one, and immediately before delivery—
- (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (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.
- (1A) A ballot paper must not be delivered to a voter or proxy unless the voter or proxy produces a specified document to the presiding officer or a clerk.
- (1B) The presiding officer or clerk must arrange for the voter or proxy to produce any document in a private area of the polling station if the voter or proxy so requests, and, in such a case, must ensure that no other persons witness the production except as permitted by the voter or proxy.
- (1C) Paragraph (1D) applies in relation to a voter or proxy where—
- (a) the voter or proxy produces a specified document to a clerk and the clerk decides that the document raises a reasonable doubt as to whether the voter or proxy is the voter or proxy that the voter or proxy claims to be, or
- (b) the voter or proxy produces a document to a clerk that the clerk reasonably suspects to be a forged document.
- (1D) Where this paragraph applies, the clerk must refer the matter and produce the document to the presiding officer, who must proceed as if the voter or proxy had produced the document to the presiding officer in the first place.
- (1E) The presiding officer must refuse to deliver a ballot paper to a voter or proxy where—
- (a) the voter or proxy produces a specified document to the officer and the officer decides that the document raises a reasonable doubt as to whether the voter or proxy is the voter or proxy that the voter or proxy claims to be, or
- (b) the voter or proxy produces a document to the officer that the officer reasonably suspects to be a forged document.
- (1F) Paragraph (1E)(a) does not apply where—
- (a) a discrepancy between the name of the holder of a specified document and the name of the voter or proxy that the voter or proxy claims to be is resolved to the presiding officer’s satisfaction at the time of the application by the voter or proxy producing further proof of identity, and
- (b) the presiding officer has no other reason (arising from any document produced by the voter or proxy) to doubt that the voter or proxy is the voter or proxy that the voter or proxy claims to be.
- (1G) The refusal to deliver a ballot paper to a voter or proxy under paragraph (1E) does not prevent the voter or proxy making a further application under paragraph (1), and paragraphs (1A) to (1F) apply on any further application.
- (1H) In this rule, a “forged document” means a false document made to resemble a specified document.
- (1I) In this rule, a “specified document”—
- (a) except in the case of a voter or proxy who has an anonymous entry in the register of electors, is one which for the time being falls within the list specified in rule 37(1H) of Schedule 1 to the 1983 Act (parliamentary election rules);
- (b) in the case of a voter or proxy who has an anonymous entry in the register of electors, means an anonymous elector’s document which—
- (i) was issued by the registration officer for the local authority in whose area the referendum is held, and
- (ii) contains the number—
- (aa) allocated to the voter or proxy as stated in the copy of the register of electors, or
- (bb) where an entry relating to the voter or proxy is added to the register in pursuance of a notice issued under section 13B(3B) or (3D) of the 1983 Act, as stated in the copy of that notice.
- (1J) Subject to paragraph (1K), a reference in this rule to a document that is a specified document is a reference to the document regardless of any expiry date relating to it.
- (1K) Paragraph (1J) does not apply to a temporary electoral identity document where the date of the poll for the referendum is after the date for which the document is issued.
- (1L) No person other than the presiding officer or a clerk may inspect a document produced as proof of a voter’s or proxy’s identity, except as permitted by the voter or proxy.
- (1M) References in this rule to producing a document are to producing it for inspection.
- (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 ....
- (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, paragraph (1) is modified as follows—
- (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (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 ”.
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