F80Section 13AB (alteration of registers: interim publication dates)

After “election”, in each place, insert “or referendum”

F80In subsection (5), for the words from “is the last day” to the end, substitute “is the 19th working day before the day of the referendum; and in this subsection “working day” means a day which is not a day mentioned in regulation 18(2) of the Local Authorities (Conduct of Referendums) (England) Regulations 2012.”

F80After subsection (8) insert—

Section 13B (alteration of registers: pending elections) F5

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) F6

In subsection (1)—

(a) for “elections of county councillors” substitute “ referendums by or in respect of a county ”, and

(b) for “elections of London borough or district councillors” substitute “ referendums by or in respect of a London borough or district ”.

In subsection (3) for “local government elections” substitute “ referendums ”.

Section 35(4) (appointments by returning officers)

Section 36(4) and (6) (returning officer's expenditure at local elections) F7

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) F8

In subsection (1) for “the returning officer at a local government election” substitute “ the counting officer at a referendum ”.

In subsection (2)—

(a) omit the words from “, or” at the end of paragraph (a) to “as the case may be”;

(b) for “an election held under those Acts” substitute “ a referendum ”.

Section 49(4) to (5) (effect of registers) F9

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) F10

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—

“(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.

(4) A person shall also be guilty of an offence if he or she votes as proxy in any voting area for more than two persons of whom he or she is not the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild.”

F94In subsection (6ZB), for “, (2A)(a) to (c), (3)(a)(i) and (3A)(a) to (c)” substitute

.

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 Act Referendums Rules or rule 31 of the Local Government Act Referendums (Combination of Polls) Rules (as the case may be) within the meaning of the Local Authorities (Conduct of Referendums)(England) Regulations 2012.”

Section 62A (offences relating to applications for postal and proxy votes) F11

In subsection (1)(a) after “election” insert “ or referendum ”.

Section 63 (breach of official duty) F12

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) F13

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) F14

For subsection (1)(b) substitute—

“(b) every polling observer, so attending,”.

Section 66A (prohibition of exit polls) F15

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) F16

In subsection (1) after “local government election” insert “ or referendum ”.

Section 94 (imitation poll cards) F17

In subsection (2)—

(a) after “section 36” insert “ above, or regulations made under section 9MG of the Local Government Act 2000 ”, and

(b) after “the rules”, insert “ or, as the case may be, the regulations ”.

Section 96 (schools and rooms for local election meetings) F18

For subsection (1) substitute—

“(1) Subject to the provisions of this section, any person is entitled, for the purpose of holding a public meeting to promote a particular result in the referendum, to use free of charge at reasonable times during the campaign period any meeting room to which this section applies.

(1A) In subsection (1), “the campaign period” means the period of 25 days ending with the day before the date of the referendum.”

Omit subsection (2).

In subsection (3)—

(a) for the words from “electoral area for which” to “that electoral area” substitute “ voting area ”, and

(b) omit paragraph (b).

In subsection (4)—

(a) omit the words “and paragraph 1(1) of Schedule 5 to this Act”,

(b) after the words “that section” insert “subject to the substitution in subsection (5) of that section, for the word “ candidate ” of the word “person” ”, and

(c) omit the words from “and any person” to the end.

After subsection (4) insert—

“(5) The lists maintained by a county council, district council or London borough council of meeting rooms which candidates at a parliamentary election in any constituency are entitled to use shall have effect for the purposes of the referendum; and any person shall, before the referendum, be entitled at all reasonable hours to inspect those lists or a copy of them.”

Section 97 (disturbances at election meetings) F19

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) F20

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) F21

Section 111 (prohibition of paid canvassers)

Section 112 (providing money for illegal purposes)

Section 113 (bribery) F22

Section 114 (treating)

Section 115 (undue influence) F23

Section 116 (rights of creditors)

Omit paragraphs (b) and (c).

Section 118 (interpretation of Part 2) F24

Section 119 (computation of time for purposes of Part 2) F25

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) F26

Section 168 (prosecutions for corrupt practices) F27

Section 169 (prosecutions for illegal practices) F28

Section 170 (conviction of illegal practice on charge of corrupt practice etc)

Section 173(1)(a)(i), (2) and (3) F29 (incapacities)

In subsection (1)(a)(i) after “Great Britain” insert “ or at any referendum ”.

Section 174 (mitigation and remission etc) F30

Section 175 (illegal payments etc) F31

Omit subsection (2).

Section 176 (time limit for prosecutions)

Section 177 (summary trial)

For “the local government Act” substitute “ the Local Authority (Conduct of Referendums) (England) Regulations 2012 ”.

In subsection (1)(a) for the words from “in the county” to “adjoins”, substitute “ for the voting area in which the offence is alleged to have been committed ”.

Section 178 (prosecution of offences committed outside the United Kingdom) F32

Section 179 (offences by associations)

Section 181(1) (Director of Public Prosecutions) F33

Section 185 (interpretation of Part 3) F34

Section 199B (translations of certain documents) F35

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) F36

Section 202 (interpretation) F37

Section 15 (combination of polls at parliamentary F85... and local elections) F39

F86After subsection (1)(b) insert—

“or

(d) a referendum and an election of one or more of the descriptions specified in paragraph (b),”.

In subsection (2), after “related areas”, insert “ or the polls at elections and a referendum ”.

In subsection (4)—

(a) after “elections”, in the first place where that word appears, insert “ or elections and a referendum (as the case may be) ”,

(b) after “one election” insert “ or the referendum ”, and

(c) after “elections”, in the second place where that word appears, insert “ or the elections and the referendum (as the case may be) ”.

Section 10 (pilot schemes for local elections in England and Wales) F41

In subsection (2)—

(a) after “Representation of the People Acts”, insert “ or the Local Government Act 2000 ”, and

(b) in paragraph (c) for “candidates” substitute “ any campaign organiser within the meaning of regulation 6 of the Local Authorities (Conduct of Referendums) (England) Regulations 2012 ”.

In subsection (3)—

(a) in paragraph (b) for “candidates” substitute “ campaign organisers ”, and

(b) for “section 75(1) of the 1983 Act (restriction on third party election expenditure)” substitute “ regulation 6 of the Local Authorities (Conduct of Referendums) (England) Regulations 2012 ”.

Omit subsection (4).

At the end of subsection (7)(a) insert “ or the Local Government Act 2000 ”.

In subsection (11) for the words after “means”, substitute “ a county council, district council or a London borough council. ”

Section 12 (changes relating to absent voting at elections in Great Britain)

In subsection (1) at the end insert “ ; and as regards referendums ”.

Schedule 4 (absent voting in Great Britain) F42

In paragraph 1(1), in the definition of “the appropriate rules” at the end of paragraph (b), insert—

“, and

(c) in the case of a referendum, the Local Government Act Referendums Rules or the Local Government Act Referendums (Combination of Polls) Rules (as the case may be) within the meaning of the Local Authorities (Conduct of Referendums) (England) Regulations 2012”.

In paragraphs 2 to 7, 7C and 7D, except in paragraphs 3(1), 3(2), 3(4)(a)(i), 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, 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 6(7) and 7(4)(a) for “or at both” substitute “ or at referendums, or at any combination of such polls ”.

Section 6A (attendance of representatives of Commission at elections etc)

After subsection (1)(b) insert—

“;

(c) proceedings relating to a referendum under the Local Authorities (Conduct of Referendums) (England) Regulations 2012 which are the responsibility of the counting officer.”

Section 6B (observation of working practices by representatives of Commission)

After subsection (2) insert—

“(2A) A representative of the Commission may also observe the working practices of a counting officer at a referendum under the Local Authorities (Conduct of Referendums) (England) Regulations 2012, and any person acting under his or her direction.”

Section 6C (accredited observers: individuals)

In subsection (1) after “applies” insert “ or which is held under the Local Authorities (Conduct of Referendums) (England) Regulations 2012 ”.

Section 6D (accredited observers: organisations)

In subsection (1) after “applies” insert “ or which is held under the Local Authorities (Conduct of Referendums) (England) Regulations 2012 ”.

Section 6E (attendance and conduct of observers)

For subsection (4)(c) substitute—

“(c) in the case of any other proceedings at a referendum to which Part 7 applies, the relevant counting officer (within the meaning of section 6A);

(ca) in the case of any other proceedings at a referendum under the Local Authorities (Conduct of Referendums) (England) Regulations 2012, the counting officer;”

In subsection (4)(d) for “or (c)” substitute “ , (c) or (ca) ”.

Section 42 (access to other election documents)

Section 43 (access to other election documents: contravention of regulations)

In subsection (1)(a) after “section 42” insert “ as applied by the Local Authorities (Conduct of Referendums) (England) Regulations 2012 ”.

Section 44 (access to other election documents: supplementary)

In subsection (5) for the words “election documents” to “Northern Ireland)” substitute “ referendum documents are such documents relating to a referendum ”.

After subsection (7)(e) insert—

“;

(f) in relation to a referendum, a voting area within the meaning of the Local Authorities (Conduct of Referendums) (England) Regulations 2012.”

Section 46 (returning officers: correction of procedural errors)

After subsection (3)(b) insert—

“;

(c) a referendum.”

Omit subsection (6).

Section 69 (encouraging electoral participation)

After subsection (8)(b) insert—

“;

(c) a counting officer at a referendum.”

Regulation 3 (interpretation) F46

At the end of paragraph (2)(b) insert—

“, or

(c) in the case of a referendum, the corresponding rule in the Local Government Act Referendums Rules or the Local Government Act Referendums (Combination of Polls) Rules (as the case may be) within the meaning of the Local Authorities (Conduct of Referendums) (England) Regulations 2012.”

F82Regulation 4(1)(b) (forms) and, in so far as it gives effect to Forms E and K in Schedule 3, regulation 4(2)

Regulation 5 (communication of applications, notices, etc)

Regulation 6 (electronic signatures and related certificates) F47

Regulation 7 (copies of documents) F48

Regulation 8 (time) F49

Regulation 11 (interference with notices)

Regulation 50 (interpretation of Part 4) F50

Regulation 51 (general requirements for an absent vote) F51

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) F52

Regulation 51AA (additional requirement for applications for ballot papers to be sent to different address from that stated in application) F53

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) F54

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) F55

F81Regulation 55A (additional requirements for applications for an emergency proxy vote in respect of a particular election)F91: grounds relating to occupation, service or employment

F92Regulation 55B (additional requirements for application for an emergency proxy vote in respect of a particular election: grounds relating to voter identification)

F93Regulation 56 (closing dates for applications)

F93In paragraphs (1) to (3A), after “election” in each place insert

. In paragraph (3D), after “election” in the second and third places it occurs insert

.In paragraphs (4) to (5A) and (7)(b), after “election” in each place insert

.

F93Regulation 56A (grounds relating to voter identification)

F93In 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 57 (grant or refusal of applications) F56

In paragraph (5) after “election” insert “ or referendum ”.

Regulation 58 (notice of appeal)

Regulation 59 (cancellation of proxy appointment)

F81Regulation 60B (requirement to provide fresh signatures following rejection of a postal voting statement)

Regulation 61B F57

In paragraph (3)(a) for “any candidate or agent” substitute “ those ”.

F81Regulation 61C (notification of a rejected postal voting statement)

Regulation 62 (marked register for polling stations) F58

Regulation 64 (interpretation of Part 5) F59

Omit the definition of “agent”.

Regulation 65 (combination of polls)

Substitute—

“65 Where the polls at elections or referendums are taken together under—

(a) section 15(1) or (2) of the 1985 Act (combination of polls at parliamentary F87... and local government elections),

(b) section 36(3) or (3AB) of the 1983 Act (combination of polls at local elections), or

(c) the Local Authorities (Conduct of Referendums) (England) Regulations 2012, the proceedings at the issue and receipt of postal ballot papers may, if the returning and counting officers concerned agree, be taken together.”

Regulation 66 (form of postal voting statement)

Omit paragraph (a).

Regulation 67 (persons entitled to be present at proceedings on issue of postal ballot papers) F60

Regulation 68 (persons entitled to be present at proceedings on the receipt of postal ballot papers) F61

Where the issue and receipt of postal votes are not taken together at more than one poll in accordance with regulation 65 of the Representation of the People Regulations as applied by these Regulations:

For paragraphs (a) to (d) substitute—

“(a) the counting officer and his or her clerks,

(b) persons who by virtue of rule 35(2)(a) to (e) of the Local Government Act Referendums Rules or rule 37(3)(a) to (e) of the Local Government Act Referendums (Combination of Polls) Rules (as the case may be) within the meaning of the Local Authorities (Conduct of Referendums) (England) Regulations 2012 are entitled to attend at the counting of the votes.”

Where the issue and receipt of postal votes are taken together at more than one poll in accordance with regulation 65 of the Representation of the People Regulations as applied by these Regulations:

After paragraph (d) insert—

“(e) the counting officer and his or her clerks, and

(f) persons who by virtue of rule 35(2)(a) to (e) of the Local Government Act Referendums Rules or rule 37(3)(a) to (e) of the Local Government Act Referendums (Combination of Polls) Rules (as the case may be) within the meaning of the Local Authorities (Conduct of Referendums) (England) Regulations 2012 are entitled to attend at the counting of the votes.”

Regulation 69 (agents of candidates who may attend proceedings on receipt of postal ballot papers)

In paragraph (8) for “candidates or their agents” substitute “ persons entitled to be present by virtue of regulation 68 ”.

Where the issue and receipt of postal votes are not taken together at more than one poll in accordance with regulation 65 of the Representation of the People Regulations as applied by these Regulations:

Omit paragraphs (1) to (7).

Where the issue and receipt of postal votes are taken together at more than one poll in accordance with regulation 65 of the Representation of the People Regulations as applied by these Regulations

For paragraph (3) substitute—

“(3) Where postal ballot papers for more than one election or referendum are issued together by virtue of regulation 65, the references to the returning officer in paragraphs (2), (4) and (5) must be construed as references to the returning or counting officer who issues the postal ballot papers.”

Regulation 70 (notification of requirement of secrecy)

Regulation 71 (time when postal ballot papers are to be issued)

Regulation 72 (procedure on issue of postal ballot paper) F62

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) F63

Regulation 74 (envelopes) F64

Regulation 75 (sealing up of completed corresponding number lists and security of special lists) F65

Regulation 76 (delivery of postal ballot papers)

Regulation 77 (spoilt postal ballot papers) F66

In paragraph (2)(b) for “election” substitute “ poll ”.

Regulation 78 (lost postal ballot papers) F67

In paragraph (2A)(b) for “election” substitute “ poll ”.

F81Regulation 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(3) to (5) (alternative means of returning postal ballot paper or postal voting statement) F68

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 or rule 37(3)(a) to (e) of the Local Government Act Referendums (Combination of Polls) Rules (as the case may be) within the meaning of the Local Authorities (Conduct of Referendums) (England) Regulations 2012 are entitled to attend at the counting of the votes ”.

Omit paragraph (2)(b).

Where the issue and receipt of postal votes are taken together at more than one poll in accordance with regulation 65 of the Representation of the People Regulations as applied by these Regulations:

In paragraph (1) after “each candidate” insert “ and those persons who by virtue of rule 35(2)(a) to (e) of the Local Government Act Referendums Rules or rule 37(3)(a) to (e) of the Local Government Act Referendums (Combination of Polls) Rules (as the case may be) within the meaning of the Local Authorities (Conduct of Referendums) (England) Regulations 2012 are entitled to attend at the counting of the votes ”.

Regulation 81 (postal ballot boxes and receptacles) F69

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) F70

Regulation 84A (confirming receipt of postal voting statements) F71

F83. . .

F83. . .

Regulation 85A (procedure in relation to postal voting statements: personal identifier verification) F72

In paragraph (4) for “agents” substitute “ counting observers or agents or both (as the case may be) ”.

F83. . .

F83. . .

Regulation 86 (opening of ballot paper envelopes)

Regulation 86A (retrieval of cancelled postal ballot papers) F73

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) F74

Regulation 91 (forwarding of documents) F75

F84After paragraph (3A) insert—

Regulation 116 (interpretation of Part 7) F76

Regulation 118 (inspection of documents open to public inspection) F77

Regulation 119 (conditions on the use, supply and disclosure of documents open to public inspection) F78

In Schedule 3, Form E F79

After “REPRESENTATION OF THE PEOPLE ACTS” insert “ *[[insert name of council] REFERENDUM] ”.

F88 After “Local government electoral area(s)” insert “ Referendum voting area… ”.

F89After the words “*[local government] election” in both places where they occur, insert “*[referendum]”.

F90After the words “*[electoral area], in both places where they occur, insert “*[voting area]”.

In the note after “election” in each place insert “ or referendum ”.

F81In Schedule 3, Form K

For “Representation of the People Acts” substitute “Local Authorities (Conduct of Referendums) (England) Regulations”.

For “Parliamentary Election” substitute “Local Government Act Referendum”.