The Local Authorities (Conduct of Referendums) (Wales) Regulations 2008

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

• (d) the packets of the completed corresponding number lists,

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

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

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

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

Orders for production of documents

44

• (1) An order—

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

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

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

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

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

• (a) persons,

• (b) time,

• (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 of certificates as to employment on duty on the day of the poll or for the inspection of counted ballot papers, care must be taken that the way in which the vote of any particular person has been given is not disclosed until it has been proved—

• (a) that the 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 possession relating to any specified referendum—

• (a) the production by the registration officer or the registration officer's agent of the document ordered in such manner as may be directed by that order is conclusive evidence that the document relates to the specified referendum; and

• (b) any endorsement on any packet of ballot papers so produced is 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,

are 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 is allowed to inspect any rejected or counted ballot papers in the possession of the relevant registration officer or open any sealed packets of the completed corresponding number lists or of certificates as to employment on duty on the day of the poll.

Retention of documents

45

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

PART 8 — Appendix of Forms

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

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

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

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

• Corresponding Number List L1

• Corresponding Number List L2

• Form of Postal Voting Statement

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

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

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

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

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

• Form of Certificate of Employment

• Form of declaration to be made by the companion of a voter or proxy with disabilities

SCHEDULE 4 — Application, with Modifications, of Acts and Subordinate Legislation

Interpretation

1

• (1) The provisions set out in the first column of Tables 1 to 5 have effect subject to—

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

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

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

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

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

• (c) a reference to a constituency or an electoral division must be construed as a reference to a voting area;

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

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

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

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

• (h) a reference to a person voting as an elector must be construed as a person voting on that person's own behalf;

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

• (j) where anything is required to be done in the presence of election, polling, counting or other agents, the reference to the presence of agents must be ignored;

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

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

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

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

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

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

(1) Provision	(2) Modification
Section 13B (alteration of registers: pending elections)	After “election”, in each place, insert “ or referendum ”.After subsection (4) insert—4AThis section also applies to referendums.
Section 31 (polling districts and stations at local government elections)	In subsection (1A) for “elections of county councillors” substitute “ referendums by or in respect of a county or county borough ”.In subsection (3) for “local government elections” substitute “ referendums ”.
Section 35(4) (appointments by returning officers)
Section 36(4) and (6) (returning officer's expenditure at local elections)	In subsection (4) for the words from “by a returning officer” to “London borough)” substitute “ by a counting officer for a voting area in relation to the holding of a referendum ”.In subsection (6) for the words from the beginning to “councillor, the council” substitute “ Before a poll is taken at such a referendum as is referred to in subsection (4), the authority ”.Paragraph 1(2)(b) of this Schedule does not have effect in relation to the first reference in subsection (6) to the returning officer.
Section 47 (loan of equipment for local elections)	In subsection (1) for “the returning officer at a local government election” substitute “ the counting officer at a referendum ”.In subsection (2)—omit the words from “, or” at the end of paragraph (a) to “as the case may be”;for “an election held under those Acts” substitute “ a referendum ”.
Section 49(4) and (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.For subsections (2) to (4) substitute—2A person shall be guilty of an offence if—athat person votes on their own behalf otherwise than by proxy—imore than once in the same voting area,iiin more than one voting area, oriiiin any voting area where there is in force an appointment of a person to vote as that person's proxy in the referendum in another voting area, orbthat person votes on their own behalf in person and is entitled to vote by post, orcthat person votes on their own behalf in person knowing that a person appointed to vote as their proxy has already voted in person or is entitled to vote by post, ordthat person applies for a person to be appointed as their proxy to vote for them without applying for the cancellation of a previous appointment of a third party then in force or without withdrawing a pending application for such an appointment.3A person shall be guilty of an offence if—athat person votes as proxy for the same person either—imore than once in the same voting area, oriiin more than one voting area, orbthat person votes in person as proxy for a person and is entitled to vote by post as proxy for that person, orcthat person votes in person as proxy for someone whom that person knows already to have voted in person.4A person shall also be guilty of an offence if that person votes as proxy in any voting area for more than two persons of whom that person is not the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild.For subsection (6A) substitute—6AA person is not guilty of an offence under subsection (2)(b) only by reason of that person having marked a tendered ballot paper in pursuance of rule 29 of the Local Government Act Referendums Rules within the meaning of the Local Authorities (Conduct of Referendums) (Wales) Regulations 2008.
Section 62A (offences relating to applications for postal and proxy votes)	In subsection (1)(a) after “election” insert “ or referendum ”.
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)—after “election”, in the first place it occurs, insert “ or referendum ”, andomit paragraph (a).In subsection (3) for “clerk” substitute “ person ”.
Section 66 (requirement of secrecy)	For subsection (1)(b) substitute—bevery polling observer, so attending,.
Section 66A (prohibition of publication of exit polls)	In subsection (2) omit the “and” preceding paragraph (b) and after that paragraph insert—; andcany 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)—after “section 36” insert “ above, or regulations made under section 45 of the Local Government Act 2000 ”, andafter “the rules”, insert “ or, as the case may be, the regulations ”.
Section 96 (schools and rooms for local election meetings)	For subsection (1) substitute—1Subject 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.1AIn 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)—for the words from “electoral area for which” to “that electoral area” substitute “ voting area ”, andomit paragraph (b).In subsection (4)—omit the words “and paragraph 1(1) of Schedule 5 to this Act”,after the words “that section” insert “ subject to the substitution in subsection (5) of that section, for the word “candidate” of the word “person ”, andomit the words from “and any person” to the end.After subsection (4) insert—5The lists maintained by a county or county borough council of meeting rooms which candidates at a parliamentary election in any constituency are entitled to use shall have effect for the purposes of the referendum; and any person shall, before the referendum, be entitled at all reasonable hours to inspect those lists or a copy of them.
Section 97 (disturbances at election meetings)	For subsection (2) substitute—2This section applies to a meeting in connection with a referendum held during the campaign period.2AIn 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 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 113 (bribery)
Section 114 (treating)
Section 115 (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—; andcin 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 on conviction of corrupt or illegal practice	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) (Wales) Regulations 2008 ”.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 10 (pilot schemes for local elections in England and Wales)	In subsection (2)—after “Representation of the People Acts”, insert “ or the Local Government Act 2000 ”, andin paragraph (c) for “candidates” substitute “ any campaign organiser within the meaning of regulation 6 of the Local Authorities (Conduct of Referendums) (Wales) Regulations 2008 ”.In subsection (3)—in paragraph (b) for “candidates” substitute “ campaign organisers ”, andfor “section 75(1) of the 1983 Act (restriction on third party election expenditure)” substitute “ regulation 6 of the Local Authorities (Conduct of Referendums) (Wales) Regulations 2008 ”.Omit subsection (4).At the end of subsection (7)(a) insert “ or the Local Government Act 2000 ”.In subsection (11) for the words after “means”, substitute “ a county or county borough council. ”
Section 12 (changes relating to absent voting at elections in Great Britain)	In subsection (1) at the end insert “ ; and as regards referendums ”.
Schedule 4 (absent voting in Great Britain)	In paragraph 1(1), in the definition of “the appropriate rules” at the end of paragraph (b), insert—, andcin the case of a referendum, the Local Government Act Referendums Rules within the meaning of the Local Authorities (Conduct of Referendums) (Wales) Regulations 2008.In paragraphs 2 to 7, 7C and 7D, except in paragraphs 3(1), 3(2), 3(4)(a)(i), 6(7), 7(4)(a) and 7(6)(a)(i), 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 ”.In paragraphs 3(4)(a)(i) and 7(6)(a)(i) for “or both” substitute “ or referendums ”.In paragraphs 6(7) and 7(4)(a) for “or at both” substitute “ or at referendums ”.
(1) Provision	(2) Modification
---	---
Section 6A (attendance of representatives of Commission at elections etc.)	After subsection (1)(b) insert—;cproceedings relating to a referendum under the Local Authorities (Conduct of Referendums) (Wales) Regulations 2008 which are the responsibility of the counting officer.
Section 6B (observation of working practices by representatives of Commission)	After subsection (2) insert—2AA representative of the Commission may also observe the working practices of a counting officer at a referendum under the Local Authorities (Conduct of Referendums) (Wales) Regulations 2008, and any person acting under the counting officer's direction.
Section 6C (accredited observers: individuals) Referendums)	In subsection (1) after “applies” insert “ or which is held under the Local Authorities (Conduct of (Wales) Regulations 2008 ”.
Section 6D (accredited observers: organisations) Referendums)	In subsection (1) after “applies” insert “ or which is held under the Local Authorities (Conduct of (Wales) Regulations 2008 ”.
Section 6E (attendance and conduct of observers)	For subsection (4)(c) substitute—cin the case of any other proceedings at a referendum to which Part 7 applies, the relevant counting officer (within the meaning of section 6A);cain the case of any other proceedings at a referendum under the Local Authorities (Conduct of Referendums) (Wales) Regulations 2008, the counting officer;In subsection (4) 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) (Wales) Regulations 2008 ”.
Section 44 (access to other election documents: supplementary)	In subsection (5) for the words from “election documents” to “Northern Ireland)” substitute “ referendum documents are such documents relating to a referendum ”.After subsection (7)(e) insert—;fin relation to a referendum, a voting area within the meaning of the Local Authorities (Conduct of Referendums) (Wales) Regulations 2008.
Section 46 (returning officers: correction of procedural errors)	After subsection (3)(b) insert—;ca referendum.Omit subsection (6).
Section 69 (encouraging electoral participation)	After subsection (8)(b) insert—;ca counting officer at a referendum.
(1) Provision	(2) Modification
---	---
Regulation 3 (interpretation)	At the end of paragraph (2)(b) insert—, orcin the case of a referendum, the corresponding rule in the Local Government Act Referendums Rules within the meaning of the Local Authorities (Conduct of Referendums) (Wales) Regulations 2008.
Regulation 4(1)(b) (forms) and, to the extent of Form E in Schedule 3, (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—bwhether it is made for all or any of parliamentary elections, local government elections or referendums.In paragraph (5)—after “election”, in each place, insert “ or referendum ”, andomit “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)
Regulation 55 (additional requirements for applications for a proxy vote in respect of a particular election) )
Regulation 56 (closing dates for applications)	In paragraphs (1) to (5) and (7)(b) after “election”, in each place, insert “ or referendum ”.
Regulation 57 (grant or refusal of applications)	In paragraph (5) after “election” insert “ or referendum ”.
Regulation 58 (notice of appeal)
Regulation 59 (cancellation of proxy appointment)
Regulation 61B (personal identifiers record)	In paragraph (3)(a) for “any candidate or agent” substitute “ those ”.
Regulation 62 (marked register for polling stations)
Regulation 64 (interpretation of Part 5)	Omit the definition of “agent”.
Regulation 66 (form of postal voting statement)	Omit paragraph (a).
Regulation 67 (persons entitled to be present at proceedings on issue of postal ballot papers)
Regulation 68 (persons entitled to be present at proceedings on the receipt of postal ballot papers)	Where the issue and receipt of postal votes are not taken together at more than one poll in accordance with regulation 65 of the Representation of the People Regulations as applied by these Regulations:For paragraphs (a) to (d) substitute:athe counting officer and his clerks,bpersons who by virtue of rule 35(2)(a) to (e) of the Local Government Referendums Rules within the meaning of the Local Authorities (Conduct of Referendum) (Wales) Regulations 2008 are entitled to attend at the counting of the votes.
Regulation 69 (agents of candidates who may attend proceedings on receipt of postal ballot papers)	In paragraph (8) for “candidates or their agents” substitute “ persons entitled to be present by virtue of regulation 68 ”.Where the issue and receipt of postal votes are not taken together at more than one poll in accordance with regulation 65 of the Representation of the People Regulations as applied by these Regulations:Omit paragraphs (1) to (7).
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)
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)
Regulation 78 (lost postal ballot papers)
Regulation 79(3) to (5) (alternative means of returning postal ballot paper or postal voting statement)	In paragraph (5) for “polling agents” substitute “ polling observers (if any) ”.
Regulation 80 (notice of opening of postal ballot paper envelopes)	Where the issue and receipt of postal votes are not taken together at more than one poll in accordance with regulation 65 of the Representation of the People Regulations as applied by these Regulations:In paragraph (1) for “each candidate” substitute “ those persons who by virtue of rule 35(2)(a) to (e) of the Local Government Act Referendums Rules within the meaning of the Local Authorities (Conduct of Referendums) (Wales) Regulations 2008 are entitled to attend at the counting of the votes ”.Omit paragraph (2)(b).
Regulation 81 (postal ballot boxes and receptacles)	In paragraphs (3) and (4) for “the agents” substitute “ those ”.
Regulation 82 (receipt of covering envelopes)
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 85 (procedure in relation to postal voting statements) )	In paragraph (3) for “agents” substitute “ counting observers or agents or both (as the case may be) ”.
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 85B (Postal Voting Statements: additional personal identifier verification)	In paragraphs (3)(a) and (c) and (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)
Regulation 88 (checking of lists kept under regulation 87)
Regulation 89 (sealing of receptacles)
Regulation 91 (forwarding of documents)	After paragraph (2) insert—2AIn the case of a referendum, the documents to be forwarded under paragraph (1) are to be forwarded to the registration officer of the local authority by or in respect of which the referendum is held.
Regulation 116 (interpretation of Part 7)
Regulation 118 (inspection of documents open to public inspection)
Regulation 119 (conditions on the use, supply and disclosure of documents open to public inspection)
In Schedule 3, Form E	For “REPRESENTATION OF THE PEOPLE ACTS” substitute “ [[insert name of council*] REFERENDUM] ”.
In Schedule 3, Form E	Omit “Constituency” and “Polling District”.
	After “Local government electoral area(s)” insert “Referendum voting area…”..
	For the words from “[who qualifies” to “electoral area]]” , substitute “ to vote for that person at the referendum on (insert date*) ”.
	Omit “[This proxy appointment is not valid until ....................]” and “[This proxy appointment remains valid until ....................]”.
	For paragraph 2 of the note substitute —2Your appointment as proxy will be for the referendum only. You have the right to vote as proxy only at the referendum specified in the proxy paper.

SCHEDULE 5 — 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)[^f00113]	In subsection (1)— for “under the local government Act” substitute “under the Local Authorities (Conduct of Referendums) (Wales) Regulations 2008”, 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) (Wales) Regulations 2008”. 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)[^f00114]	In subsection (1) for “in England and Wales under the local government Act” substitute “in Wales under the Local Authorities (Conduct of Referendums) (Wales) Regulations 2008”. In subsection (3)(a) for “in England and Wales under the local government Act” substitute “in Wales under the Local Authorities (Conduct of Referendums) (Wales) Regulations 2008”.
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)[^f00115]	In subsection (2)(b) for “petition questioning an election under the local government Act” substitute “referendum petition within the meaning of regulation 11 of the Local Authorities (Conduct of Referendums) (Wales) Regulations 2008”.
Section 137 (petition at issue)[^f00116]
Section 138 (list of petitions)[^f00117]	In subsection (1)(a) for “all election petitions” substitute “all referendum petitions within the meaning of regulation 11 of the Local Authorities (Conduct of Referendums) (Wales) Regulations 2008. 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) (Wales) Regulations 2008”, 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 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)[^f00118]
Section 141 (duty to answer relevant questions)[^f00119]
Section 143 (expenses of witnesses)
Section 145 (conclusion of trial of local election petition)[^f00120]	For subsection (1) substitute— 1 At the conclusion of the trial of a petition questioning a referendum under the Local Authorities (Conduct of Referendums) (Wales) Regulations 2008 the election court is to determine— a in the case of a petition presented on the ground mentioned in regulation 11(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 11(1)(b) or (c) of those Regulations, whether the referendum was void. 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) (Wales) Regulations 2008, .
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)[^f00121]
Section 157 (appeals and jurisdiction)[^f00122]	Omit subsection (4).
Section 160(1) and (3) (persons reported personally guilty of corrupt practices)[^f00123]	Omit subsection (1)(b).
Section 161 (Justices of the Peace)[^f00124]
Section 162 (member of legal and certain other professions)[^f00125]
Section 163 (holder of licence or certificate under Licensing Acts)[^f00126]
Section 164(1) and (2) (avoidance of election for general corruption etc.)	In subsection (1)— for “election”, in the first two places where that word 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)[^f00127]
Section 180 (evidence by certificate of holding of election)	Omit sub-paragraph (ii) and the word immediately preceding it.
Section 183 (costs)[^f00128]
Section 184 (service of notices)[^f00129]
Section 185 (interpretation of Part 3)[^f00130]

SCHEDULE 6 — Modifications of the Election Petition Rules 1960

Signed

Brian Gibbons — Minister for Social Justice and Local Government, one of the Welsh Ministers — 2008-07-09

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 1993 c. 38.

[^f00002]: 2000 c. 22; sections 45(8A) to (8D) were inserted by, and section 45(9) was amended by, paragraph 18 of Schedule 21 to the Political Parties, Elections and Referendums Act 2000 (c. 41); section 105(6) was amended by, and section 105(6A) was inserted by, paragraph 14 of Schedule 3 to the Local Government Act 2003 (c. 26).

[^f00003]: The functions of the National Assembly for Wales were transferred to the Welsh Ministers by virtue of paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32).

[^f00004]: S.I. 2004/870 (W.85), amended by S.I. 2005/3302 (W.256).

[^f00005]: 1983 c. 2.

[^f00006]: 1985 c. 50.

[^f00007]: 2000 c. 22.

[^f00008]: 2000 c. 41.

[^f00009]: 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.

[^f00010]: S.I. 2007/1024.

[^f00011]: S.I. 2001/2292 (W.180) as amended by S.I.2003/398 (W.55).

[^f00012]: The definition of “petition organiser” is to be found in regulation 3 of the Petitions and Directions Regulations. As to the validity of petitions, see regulation 9(1) of those Regulations. As to amalgamated, constituent and post-announcement petitions, relevant definitions are to be found in regulation 3 of those Regulations.

[^f00013]: 1972 c. 70.

[^f00014]: See the Local Authorities (Changing Executive Arrangements and Alternative Arrangements (Wales) Regulations 2004 (S.I. 2004/3158 (W.275)).

[^f00015]: S.I. 2001/341; amended by S.I. 2001/1700, 2002/1871, 2004/226, 2006/752 and 2006/2910.

[^f00016]: 2000 c. 2.

[^f00017]: 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).

[^f00018]: 1983 c. 2; section 13 was substituted for section 13 as originally enacted by paragraph 6 of Schedule 1 to the Representation of the People Act 2000 (c. 2).

[^f00019]: Section 10 was substituted together with section 10A for section 10 as originally enacted 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. 22).

[^f00020]: 2003 c. 44.

[^f00021]: 1983 c. 2; subsection (1A) was inserted by the Local Government (Wales) Act 1994, section 66(6), Schedule 16, paragraph 68(7).

[^f00022]: S.I. 1960/543; amended by S.I. 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, 1997/2971, 1999/1810, 2001/1149, 2001/4050, 2003/2155 and 2005/3050.

[^f00025]: 1988 c. 41.

[^f00026]: 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).

[^f00027]: Section 13B of the 1983 Act was inserted by paragraph 6 of Schedule 1 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).

[^f00028]: Subsections (1), (2) and (3) of section 66 of the 1983 Act were amended by paragraphs 69, 82, 86(a) and (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).

[^f00029]: See regulation 84A of the Representation of the People (England and Wales) Regulations 2001 S.I. 2001/341 as amended by S.I. 2006/2901.

[^f00030]: 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).

[^f00031]: 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.

[^f00032]: 1983 c. 2.

[^f00033]: As amended by paragraph 12 of Schedule 4 to the Representation of the People Act 1985 (c. 50), paragraph 68 of Schedule 16, and Schedule 18 to, the Local Government (Wales) Act 1994 (c. 19) and paragraph 6 of Schedule 21 to the Political Parties, Elections and Referendums Act 2000 (c. 41).

[^f00034]: As amended by paragraph 14 of Schedule 4 to the Representation of the People Act 1985 (c. 50).

[^f00035]: 1983 c. 2.

[^f00036]: 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 the section 11 of the Electoral Administration Act 2006 (c. 22).

[^f00037]: Section 31 was amended by Schedule 17 to the Local Government Act 1985 (c. 50), section 66(6) of and paragraph 68 of Schedule 16 to the Local Government (Wales) Act 1994, section 237 of and Part I of Schedule 13 to the Education Reform Act 1988 (c. 40), 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).

[^f00038]: Subsection (4) was amended by Schedule 17 to the Local Government Act 1985 (c. 51) and by section 66 of and paragraph 68(9) of Schedule 16 to the Local Government (Wales) Act 1994..

[^f00039]: 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).

[^f00040]: 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).

[^f00041]: 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).

[^f00042]: Section 62A was inserted by section 40 of the Electoral Administration Act 2006 (c. 22).

[^f00043]: 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 and sections 7, 41(8) and 46(6) of the Electoral Administration Act 2006 (c. 22).

[^f00044]: 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).

[^f00045]: 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).

[^f00046]: Section 66A was inserted by paragraphs 3 and 6 of Schedule 6 to the Representation of the People Act 2000 (c. 2).

[^f00047]: 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).

[^f00048]: Section 94 was amended by paragraph 36 of Schedule 4 to the Representation of the People Act 1985 (c. 50).

[^f00049]: 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).

[^f00050]: 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).

[^f00051]: Subsection (2) was amended by paragraph 5 of Schedule 3 to the Representation of the People Act 1985 (c. 50).

[^f00052]: 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).

[^f00053]: Section 113 was amended by paragraph 30 of Schedule 3 to the Greater London Authority Act 1999 (c. 29).

[^f00054]: Section 115 was amended by section 39(1) of the Electoral Administration Act 2006 (c. 22).

[^f00055]: 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).

[^f00056]: Section 119 was amended by section 19(4) of the Representation of the People Act 1985 (c. 50) and paragraphs 49 and 51(1) of Schedule 1 to the Electoral Administration Act 2006 (c. 22).

[^f00057]: 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).

[^f00058]: Section 168 was amended by paragraph 8 of Schedule 3 and paragraph 57 of Schedule 4 and 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).

[^f00059]: Section 169 was amended by paragraph 9 of Schedule 3 to the Representation of the People Act 1985 (c. 50).

[^f00060]: Section 173 was substituted for section 173 as originally enacted by section 136 of the Political Parties, Elections and Referendums Act 2000 (c. 41) and amended by paragraph 122 of Schedule 1 to the Electoral Administration Act 2006 (c. 22).

[^f00061]: Section 174 was amended by paragraph 18 of Schedule 18 to the Political Parties, Elections and Referendums Act 2000 (c. 41).

[^f00062]: Section 175 was amended by paragraph 10 of Schedule 3 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).

[^f00063]: 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).

[^f00064]: Subsection (1) was amended by paragraph 63 of Schedule 4 to the Representation of the People Act 1985 (c. 50).

[^f00065]: 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).

[^f00066]: Section 199B was inserted by section 36 of the Electoral Administration Act 2006 (c. 22).

[^f00067]: Subsection (1A), together with the 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).

[^f00068]: 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 1993 (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 2000 (c. 41), S.I. 2001/1149 and section 73 and paragraphs 13, 76 and 128 of Schedule 1 to the Electoral Administration Act 2006 (c. 22).

[^f00069]: 2000 c. 2.

[^f00070]: Section 10 was amended by paragraph 16 of Schedule 21 to the Political Parties, Elections and Referendums Act 2000 (c. 41).

[^f00071]: 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).

[^f00072]: 2000 c. 41. All the provisions mentioned in this Table were inserted by section 29 of the Electoral Administration Act 2006 (c. 22).

[^f00073]: 2006 c. 22.

[^f00074]: S.I. 2001/341; as amended by S.I. 2001/1700, 2002/1871, 2004/226, 2005/2114, 2006/752 and 2006/2910.

[^f00075]: As amended by S.I. 2001/1700, 2002/1871 and 2006/2910.

[^f00076]: As amended by S.I. 2006/2910.

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

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

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

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

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

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

[^f00083]: Inserted by S.I. 2006/2910.

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

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

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

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

[^f00088]: Inserted by S.I. 2006/2910.

[^f00089]: Amended by S.I. 2006/2910.

[^f00090]: Amended by S.I. 2006/2910.

[^f00091]: Amended by S.I. 2006/2910.

[^f00092]: Amended by S.I. 2006/2910.

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

[^f00094]: Amended by S.I. 2006/2910.

[^f00095]: Amended by S.I. 2006/2910.

[^f00096]: Amended by S.I. 2006/2910.

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

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

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

[^f00100]: Amended by S.I. 2006/2910.

[^f00101]: Amended by S.I. 2006/2910.

[^f00102]: Inserted by S.I. 2006/2910.

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

[^f00104]: Inserted by S.I. 2006/2910.

[^f00105]: Inserted by S.I. 2006/2910.

[^f00106]: Inserted by S.I. 2006/2910.

[^f00107]: Inserted by S.I. 2006/2910.

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

[^f00109]: Inserted by S.I. 2006/2910 and amended by S.I. 2007/1025.

[^f00110]: Inserted by S.I. 2006/2910.

[^f00111]: Inserted by S.I. 2006/2910.

[^f00112]: Amended by S.I. 2005/2114.

[^f00113]: 1983 c. 2; section 128 was amended by paragraph 12 of Schedule 1 to the Electoral Administration Act 2006 (c. 22).

[^f00114]: Section 130 was amended by paragraph 50 of Schedule 10 to the Courts and Legal Services Act 1990 (c. 41) and paragraph 2 of Schedule 17 to the Political Parties, Elections and Referendums Act 2000 (c. 41).

[^f00115]: 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).

[^f00116]: 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).

[^f00117]: Section 138 was amended by paragraph 4 of Schedule 17 to the Political Parties, Elections and Referendums Act 2000 (c. 41).

[^f00118]: Section 140 was amended by paragraph 49 of Schedule 4 to the Representation of the People Act 1985 (c. 50).

[^f00119]: 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).

[^f00120]: Section 145 was amended by paragraph 33 of Schedule 3 to the Greater London Authority Act 1999 (c. 29).

[^f00121]: Section 156 was amended by paragraph 51 of Schedule 4 to the Representation of the People Act 1985 (c. 50).

[^f00122]: 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. 4).

[^f00123]: Subsection (1) was amended by paragraph 52 of Schedule 4 to the Representation of the People Act 1985 (c. 50), and subsection (3) was substituted for subsection (3) as originally enacted by that paragraph.

[^f00124]: 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. 4).

[^f00125]: Section 162 was amended by paragraph 54 of Schedule 4 to the Representation of the People Act 1985 (c. 50).

[^f00126]: Section 163 was amended by paragraph 55 of Schedule 4 to the Representation of the People Act 1985 (c. 50).

[^f00127]: 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).

[^f00128]: Section 183 was amended by paragraph 28 of Schedule 11 to the Constitutional Reform Act 2005 (c. 4).

[^f00129]: Section 184 was amended by paragraph 19 of Schedule 18 of the Political Parties, Elections and Referendums Act 2000 (c. 41) and S.I. 2001/1149.

[^f00130]: 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).

[^f00131]: Amended by S.I. 1985/1278.

[^f00132]: Amended by S.I. 1985/1278.

[^f00133]: Amended by S.I. 1985/1278.

[^f00134]: Amended by S.I. 1999/1352.

[^f00135]: Amended by S.I. 1999/1352.

[^f00136]: Amended by S.I. 1999/1352.

[^f00137]: Amended by S.I. 1985/1278.

[^f00138]: Amended by S.I. 1985/1278.

[^f00139]: Amended by S.I. 1985/1278.

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

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

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

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

• Corresponding Number List L1

• Corresponding Number List L2

• Form of Postal Voting Statement

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

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

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

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

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

• Form of Certificate of Employment

• Form of declaration to be made by the companion of a voter or proxy with disabilities

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.

For subsection (1) substitute—

(1) At the conclusion of the trial of a petition questioning a referendum under the Local Authorities (Conduct of Referendums) (Wales) Regulations 2008 the election court is to determine— (a) in the case of a petition presented on the ground mentioned in regulation 11(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 11(1)(b) or (c) of those Regulations, whether the referendum was void. (1A) Following a determination under subsection (1)(a), the election court must, as the circumstances require, confirm or reverse the result of the referendum.

For subsection (5) substitute—

(5) On the trial of a petition, the respondent may give evidence in the same manner as if he had presented a petition against the referendum.

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) (Wales) Regulations 2008,

After “local government Act” insert “ and referendums under the 2008 Regulations ”.

For sub-paragraph (b) substitute—

(b) the date and result of the referendum to which the petition relates;

For the definition of “constituency” substitute—

“constituency” in relation to— (a) a local election petition, means the local government area to which the petition relates; (b) a referendum petition, means the local government area in which the referendum is held;

For paragraph 2 substitute—

(2) That referendum was held on the [insert day] day of [insert month] [insert year]

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 13(3) of the 2008 Regulations]. ** Include or omit as the circumstances require

Editorial notes

[^c19368131]: 1993 c. 38.

[^c19368141]: 2000 c. 22; sections 45(8A) to (8D) were inserted by, and section 45(9) was amended by, paragraph 18 of Schedule 21 to the Political Parties, Elections and Referendums Act 2000 (c. 41); section 105(6) was amended by, and section 105(6A) was inserted by, paragraph 14 of Schedule 3 to the Local Government Act 2003 (c. 26).

[^c19368151]: The functions of the National Assembly for Wales were transferred to the Welsh Ministers by virtue of paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32).

[^c19368161]: S.I. 2004/870 (W.85), amended by S.I. 2005/3302 (W.256).

[^c19368171]: 1983 c. 2.

[^c19368181]: 1985 c. 50.

[^c19368191]: 2000 c. 22.

[^c19368201]: 2000 c. 41.

[^c19368221]: S.I. 2007/1024.

[^c19368231]: S.I. 2001/2292 (W.180) as amended by S.I.2003/398 (W.55).

[^c19368241]: The definition of “petition organiser” is to be found in regulation 3 of the Petitions and Directions Regulations. As to the validity of petitions, see regulation 9(1) of those Regulations. As to amalgamated, constituent and post-announcement petitions, relevant definitions are to be found in regulation 3 of those Regulations.

[^c19368251]: 1972 c. 70.

[^c19368261]: See the Local Authorities (Changing Executive Arrangements and Alternative Arrangements (Wales) Regulations 2004 (S.I. 2004/3158 (W.275)).

[^c19368271]: S.I. 2001/341; amended by S.I. 2001/1700, 2002/1871, 2004/226, 2006/752 and 2006/2910.

[^c19368281]: 2000 c. 2.

[^c19368291]: 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).

[^c19368301]: 1983 c. 2; section 13 was substituted for section 13 as originally enacted by paragraph 6 of Schedule 1 to the Representation of the People Act 2000 (c. 2).

[^c19368311]: Section 10 was substituted together with section 10A for section 10 as originally enacted 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. 22).

[^c19368331]: 1983 c. 2; subsection (1A) was inserted by the Local Government (Wales) Act 1994, section 66(6), Schedule 16, paragraph 68(7).

[^c19368341]: S.I. 1960/543; amended by S.I. 1985/1278, 1999/1352 and 2003/972.

[^c19368371]: 1971 c. 80.

[^c19368381]: 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, 1997/2971, 1999/1810, 2001/1149, 2001/4050, 2003/2155 and 2005/3050.

[^c19368391]: 1988 c. 41.

[^c19368421]: 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).

[^c19368431]: Section 13B of the 1983 Act was inserted by paragraph 6 of Schedule 1 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).

[^c19368441]: Subsections (1), (2) and (3) of section 66 of the 1983 Act were amended by paragraphs 69, 82, 86(a) and (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).

[^c19368451]: See regulation 84A of the Representation of the People (England and Wales) Regulations 2001 S.I. 2001/341 as amended by S.I. 2006/2901.

[^c19368461]: 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).

[^c19368471]: 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.

[^c19368691]: 1983 c. 2.

[^c19368701]: As amended by paragraph 12 of Schedule 4 to the Representation of the People Act 1985 (c. 50), paragraph 68 of Schedule 16, and Schedule 18 to, the Local Government (Wales) Act 1994 (c. 19) and paragraph 6 of Schedule 21 to the Political Parties, Elections and Referendums Act 2000 (c. 41).

[^c19368711]: As amended by paragraph 14 of Schedule 4 to the Representation of the People Act 1985 (c. 50).

[^c19368721]: 1983 c. 2.

[^c19368731]: 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 the section 11 of the Electoral Administration Act 2006 (c. 22).

[^c19368741]: Section 31 was amended by Schedule 17 to the Local Government Act 1985 (c. 50), section 66(6) of and paragraph 68 of Schedule 16 to the Local Government (Wales) Act 1994, section 237 of and Part I of Schedule 13 to the Education Reform Act 1988 (c. 40), 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).

[^c19368751]: Subsection (4) was amended by Schedule 17 to the Local Government Act 1985 (c. 51) and by section 66 of and paragraph 68(9) of Schedule 16 to the Local Government (Wales) Act 1994..

[^c19368761]: 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).

[^c19368771]: 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).