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SCHEDULE 7 Provisions as to Club Rules

Management of club

1The affairs of the club, in matters not reserved for the club in general meeting or otherwise for the decision of the general body of members, must, under the rules, be managed by one or more elective committees; and one committee must be a general committee, charged with the general management of those affairs in matters not assigned to special committees.

General meetings

2(1)There must, under the rules, be a general meeting of the club at least once in every year, and fifteen months must not elapse without a general meeting.

(2)The general committee must be capable of summoning a general meeting at any time on reasonable notice.

(3)Any members entitled to attend and vote at a general meeting must be capable of summoning one or requiring one to be summoned at any time on reasonable notice, if a specified number of them join to do so; and the number required must not be more than thirty nor more than one-fifth of the total number of the members so entitled.

(4)At a general meeting the voting must be confined to members, and all members entitled to use the club premises must be entitled to vote, and must have equal voting rights, except that—

(a)the rules may exclude from voting, either generally or on particular matters, members below a specified age (not greater than twenty-one), women if the club is primarily a men’s club, and men if the club is primarily a women’s club, and

(b)if the club is primarily a club for persons qualified by service or past service, or by any particular service or past service, in Her Majesty’s forces, the rules may exclude persons not qualified from voting, either generally or on particular matters; and

(c)if the rules make special provision for family membership or family subscriptions or any similar provision, the rules may exclude from voting, either generally or on particular matters, all or any of the persons taking the benefit of that provision as being members of a person’s family, other than that person.

Membership

3(1)Ordinary members must, under the rules, be elected either by the club in general meeting or by an elective committee, or by an elective committee with other members of the club added to it for the purpose; and the name and address of any person proposed for election must, for not less than two days before the election, be prominently displayed in the club premises or principal club premises in a part frequented by the members.

(2)The rules must not make any such provision for the admission of persons to membership otherwise than as ordinary members (or in accordance with the rules required for ordinary members by sub-paragraph (1) of this paragraph) as is likely to result in the number of members so admitted being significant in proportion to the total membership.

Meaning of “elective committee"

4(1)In this Schedule “elective committee" means, subject to the following provisions of this paragraph, a committee consisting of members of the club who are elected to the committee by the club in accordance with sub-paragraph (2) of this paragraph for a period of not less than one year nor more than five years; and paragraph 2(4) of this Schedule shall apply to voting at the election as it applies to voting at general meetings.

(2)Elections to the committee must be held annually, and if all the elected members do not go out of office in every year, there must be fixed rules for determining those that are to; and all members of the club entitled to vote at the election and of not less than two years’ standing, must be equally capable of being elected (subject only to any provision made for nomination by members of the club and to any provision prohibiting or restricting re-election) and, if nomination is required, must have equal rights to nominate persons for election.

(3)Except in the case of a committee with less than four members, or of a committee concerned with the purchase for the club or with the supply by the club of intoxicating liquor, a committee of which not less than two-thirds of the members are members of the club elected to the committee in accordance with sub-paragraphs (1) and (2) of this paragraph shall be treated as an elective committee.

(4)A sub-committee of an elective committee shall also be treated as an elective committee if its members are appointed by the committee and not less than two-thirds of them (or, in the case of a sub-committee having less than four members, or concerned with the purchase for the club or with the supply by the club of intoxicating liquor, all of them) are members of the committee elected to the committee in accordance with sub-paragraphs (1) and (2) of this paragraph who go out of office in the sub-committee on ceasing to be members of the committee.

(5)For the purposes of this paragraph a person who on a casual vacancy is appointed to fill the place of a member of an elective committee for the remainder of his term and no longer shall, however appointed, be treated as elected in accordance with sub-paragraphs (1) and (2) of this paragraph if the person whose place he fills was so elected or is to be treated as having been so elected.

SCHEDULE 8 Polls in Wales and Monmouthshire

[F11Subject to paragraph 3 below, the rules made by the Secretary of State under [F2section 36 of the Representation of the M1People Act 1983] for the conduct of elections of councillors for local government areas shall have effect in their application to polls under section 66 of this Act subject to such adaptations, alterations and exceptions as seem appropriate to the Secretary of State.

2Subsections (1) and (3) of section 243 of the M1Local Government Act 1972 shall apply to the day fixed for the poll under section 66 of this Act as they have effect by virtue of paragraph 1 above and to the day or last day on which anything is required or permitted to be done by this Schedule as they apply to the day or the last day on which anything is required or permitted to be done by any provision to which the said subsection (1) applies, and references in subsections (4) and (5) of that section to any rules mentioned in subsection (2) of that section shall be construed as including references to any such rules as they have effect by virtue of paragraph 1 above.

3The adaptations and alterations made by the Secretary of State under paragraph 1 above shall provide for the use, subject to any variations which in the circumstances appear to the Secretary of State to be appropriate, of the forms B to E in the Appendix to this Schedule, or of forms substantially to the like effect, in place of any corresponding forms required by the rules referred to in paragraph 1 above.]

4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

5(1)Regulations made under [F1section 53 of the Representation of the M1People Act 1983] may, so far as they relate to voting by proxy or by post or to matters connected therewith, make special provision in connection with polls under section 66 of this Act; but subject to any such provision the regulations shall apply—

(a)with the omission of any passage relating to candidates or their agents or to other matters not relevant to such a poll; and

(b)with the substitution for any reference to the last day for the delivery of nomination papers of a reference to the last day for delivery of requisition papers under section 66 of this Act; and

(c)as if any provision requiring [F1section 66(4) of the Representation of the M2People Act 1983] to be read to [F2or by] a person making a declaration of secrecy required it to be read with the modification provided for by section 67(5)(i) of this Act;

and any form prescribed by any such regulations in connection with voting by proxy or by post shall be used with such modifications (if any) as may be approved by the Secretary of State as necessary to adapt it for the purposes of a poll under section 66 of this Act.

(2)If the date for the poll is altered after any postal ballot papers have been issued, then—

(a)on any later issue the covering envelopes enclosed for the return of declarations of identity and ballot papers shall be readily distinguishable from those enclosed on the previous issue (that is to say, the issue before the alteration of the date), and there shall be enclosed a notice calling attention to the change of date and stating that documents sent out on the previous issue are not to be used;

(b)any covering envelopes of the previous issue sent to the returning officer shall on receipt be dealt with in the same way as covering envelopes of later issues, but, on the opening of the ballot boxes provided for covering envelopes, those of the previous issue shall be marked “rejected", shall be set aside unopened, and thereafter shall be dealt with in the same way as other rejected votes;

(c)save as aforesaid, the previous issue shall be disregarded for all purposes.

6.—(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 the F2. . .returning officer, . . . F1 may make arrangements for the votes to be counted not by electoral areas, but for the [F3county or county borough] . . . F1 as a whole or by such divisions of it as he thinks most convenient, and where arrangements are so made, the counting for the [F3county or (as the case may be) county borough] . . . F1 as a whole or for each division of it, as the case may be, shall be carried out as it would be if that were the electoral area for which an election were being held, . . . F1.

(2)Where the votes are counted otherwise than for the [F4county or county borough] . . . F1 as a whole, then on the completion of the counting or any recount for an electoral area or other division the person acting as returning officer for the purpose (if he is not the F5. . .returning officer . . . F1 shall forthwith notify the county returning officer . . . F1 of the number of votes counted on either side, but no other step shall be taken (except proper steps for the security of the ballot papers and other documents) unless or until it is ascertained that there is not to be a recount or further recount.

(3)Where it appears to the F6. . .returning officer . . . F1 on the completion of the counting for the whole [F7county or county borough] . . . F1 that the number of votes counted does not show a majority of more than one hundred for either side, he shall cause the votes to be re-counted and, if the decision on the poll according to the recount would differ from the decision according to the original count, to be again re-counted, and the recount or, if there is one, second recount shall be treated as determining the number of votes cast on either side.

(4)The number of votes cast on either side shall in a [F8county or county borough] be notified by the F9. . .returning officer to the chairman of the [F8county council or (as the case may be) county borough council].

7(1)At a poll in a [F1county or county borough] . . . F2 any local government elector for the [F1county or (as the case may be) county borough] . . . F2 may claim to attend the counting of the votes as an observer, by giving to the F3. . . returning officer . . . F2 within seven days of the end of the period allowed for delivering requisition papers a written notice signed by the elector and stating his address, and subject to sub-paragraph (2) of this paragraph he shall then have the same rights and obligations and be in all respects in the same position (as nearly as may be) in relation to the counting as a counting agent appointed by a candidate at an election of a [F1councillor of the county or (as the case may be) county borough] . . . F2 except that his agreement shall not be required to any interruption of the counting.

(2)There shall not be allowed to attend the counting of the votes at any place a greater number of observers under this paragraph than the number of clerks employed there in the counting, or any observer not duly notified of the time and place of counting; and the persons to be allowed to attend as observers in any case shall be designated by the F4. . .returning officer . . . F2

(3)Where on any poll a greater number of persons claim to attend the counting as observers than is allowed under sub-paragraph (2) of this paragraph, the F4. . .returning officer . . . F2 in choosing between them shall have regard to their opinions about Sunday opening (if known to him) with the aim of designating, as far as he can, those for and those against Sunday opening in equal numbers.

(4)A local government elector may in like manner claim to attend the proceedings on the issue and receipt of postal ballot papers, as well as or instead of the counting of the votes, and the foregoing sub-paragraphs shall apply with the necessary modifications of the references to the counting or to a counting agent; but the number to be allowed to attend on any occasion shall be restricted to such number as the F4. . .returning officer . . . F2 may decide to be reasonable in the circumstances.

[F1(7A)In paragraphs 6 and 7 above “returning officer", in relation to a county or county borough, means the returning officer for elections of councillors of the county or county borough.]

Appendix of Forms

A.Form of requisition paper

We, the subscribers hereto, being local government electors for the [F1[county/county borough of]] do hereby demand a poll under section 66 of the M1Licensing Act 1964 on the question whether licensed premises in the [F2district] should open on Sundays for the sale of intoxicating liquor.

B.Form of, and directions for printing, ballot paper

(a)

Front of ballot paper

Are you for or against the opening of licensed premises in the [F1[county/county borough of]]on Sundays for the sale of intoxicating liquor?

(b)

Back of ballot paper

No.

Ballot on Sunday opening of licensed premises in the [F1[county/county borough of]] the day of , 19 .

(c)

Directions for printing ballot paper

1Nothing is to be printed on the ballot paper except in accordance with these directions, and in so far as practicable—

(a)no word shall be printed on the face, except as provided by the form given above;

(b)no rule shall be printed on the face except the rules separating from one another the words “FOR Sunday opening", the words “AGAINST Sunday opening" and the corresponding spaces for the vote to be marked.

2The number on the back of the ballot paper is to correspond with that on the counterfoil, and shall be printed in small characters.

C

Form of directions for the guidance of voters in voting

1The voter should see that the ballot paper, before it is handed to him, is stamped with the official mark.

2The voter will go into one of the compartments and, with the pencil provided in the compartment, place a cross X on the right-hand side either in the space opposite the words “FOR Sunday opening", if he wishes to vote that way, or in the space opposite the words “AGAINST Sunday opening", if he wishes to vote that way.

3The voter will then fold up the ballot paper so as to show the official mark on the back, and leaving the compartment will, without showing the front of the paper to any person, show the official mark on the back to the presiding officer, and then, in the presence of the presiding officer, put the paper into the ballot box, and forthwith leave the polling station.

4If the voter inadvertently spoils a ballot paper he can return it to the officer who will, if satisfied of such inadvertence, give him another paper.

5If the voter places any mark on the paper by which he may afterwards be identified, his ballot paper will be void and will not be counted.

6If the voter fraudulently takes a ballot paper out of a polling station or fraudulently puts into the ballot box any paper other than the one given to him by the officer, he will be liable on conviction to imprisonment for a term not exceeding six months or to a fine not exceeding twenty pounds or to both such imprisonment and such fine.

D.Form of declaration to be made by the companion of a blind person

I, A.B., of , having been requested to assist C.D. (in the case of a blind person voting as proxy add “voting as proxy for M.N.") who is numbered on the register of local government electors for the . . . F1 [[F2[division of the county/county borough of]] ] to record his vote at the poll now being held under the M1Licensing Act 1964 in the [F2said [county/county borough]], do hereby declare that [I am entitled to vote as an elector at this poll] [I am the (state relationship) of the said voter and have attained the age of [F3eighteen]], and that I have not previously assisted any blind person [except E.F., of ], to vote at this poll.

(Signed), A.B.

day of , 19 .

I, the undersigned, being the presiding officer for the polling station for the . . . [F2F1[division of the county/county borough of]] ], do hereby certify that the above declaration, having been first read to the above named declarant, was signed by the declarant in my presence.

(Signed), G.H.

day of , 19 .

at minutes past o’clock.

[a.m.] [p.m.]

Note.—If the person making the above declaration knowingly and wilfully makes therein a statement false in a material particular, he will be guilty of an offence.

E.Questions which may be put to voters

(a)In the case of a person applying for a ballot paper as an elector—

(b)In the case of a person applying for a ballot paper as proxy—