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Section 1(2).
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Section 2(2).
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Section 3.
1 The provisions of this Schedule shall have effect in relation to the referendums under sections 1 and 2.
2 (1) In calculating any period of time for the purposes of any provision of, or applied by, this Act, the following days shall be disregarded.
(2) In relation to the referendum in Scotland, the days are—
(a) a Saturday or Sunday, and
(b) a day which is a bank holiday under the [1971 c. 80.] Banking and Financial Dealings Act 1971 in Scotland.
(3) In relation to the referendum in Wales, the days are—
(a) a Saturday or Sunday, and
(b) a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in England and Wales.
3 (1) The [S.I. 1984/467.] Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984 shall have effect in relation to the display on any site in Scotland of an advertisement relating specifically to the referendum under section 1 of this Act as they have effect in relation to the display of an advertisement relating specifically to a Parliamentary election.
(2) The [S.I. 1992/666.] Town and Country Planning (Control of Advertisements) Regulations 1992 shall have effect in relation to the display on any site in Wales of an advertisement relating specifically to the referendum under section 2 of this Act as they have effect in relation to the display of an advertisement relating specifically to a Parliamentary election.
4 (1) In relation to premises in Scotland, section 98 of the [1983 c. 2.] Representation of the People Act 1983 (premises not affected for rates) shall have effect as if the reference to public meetings in furtherance of a person’s candidature at an election included a reference to public meetings promoting a particular result in the referendum under section 1 of this Act.
(2) In relation to premises in Wales, section 65(6) of the [1988 c. 41.] Local Government Finance Act 1988 (occupation for election meetings and polls) shall have effect as if—
(a) the reference to public meetings in furtherance of a person’s candidature at an election included a reference to public meetings promoting a particular result in the referendum under section 2 of this Act, and
(b) the reference to use by a returning officer for the purpose of taking the poll in an election included a reference to use by a person exercising functions of a returning officer in accordance with paragraph 5(1)(b) of this Schedule for the purposes of taking the poll in the referendum under section 2 of this Act.
5 (1) Functions conferred by this Schedule on the returning officer shall be exercised—
(a) in each local government area in Scotland, by the person who, under section 41 of the Representation of the People Act 1983 (local government elections in Scotland) is, or may discharge the functions of, the returning officer at an election of councillors for that area,
(b) in each county or county borough in Wales, by the person who is for the time being appointed to act as returning officer for that county or county borough under section 35(1A)(a) of the Representation of the People Act 1983 (local government elections in Wales).
(2) A returning officer may, in writing, appoint one or more persons to discharge all or any of his functions.
(3) It is the returning officer’s general duty at a referendum to do all such acts and things as may be necessary for effectually conducting the referendum in the manner provided by this Schedule.
6 (1) In Scotland, the council for a local government area shall place the services of its officers at the disposal of any person who is acting as returning officer or counting officer in relation to that area.
(2) In Wales, the council for any county or county borough shall place the services of its officers at the disposal of any person who is acting as returning officer or counting officer in relation to that county or county borough.
7 A counting officer may, in writing, appoint one or more persons to discharge all or any of his functions.
8 (1) Order 45, rule 1 of the [S.I. 1981/1687.] County Court Rules 1981 (application for taxation of returning officer’s account under section 30 of the Representation of the People Act 1983) shall have effect in relation to applications made under section 30 of that Act as applied by paragraph 13(2) below.
(2) For the purpose of sub-paragraph (1), a reference in Order 45, rule 1 to a returning officer shall be construed as a reference to a returning officer, a counting officer or a Chief Counting Officer.
9 The hours of polling shall be between 7 a.m. and 10 p.m.
10 (1) The back of the ballot papers shall be in the form set out in the Appendix.
(2) A ballot paper—
(a) shall be capable of being folded up,
(b) shall have a number printed on the back, and
(c) shall have attached a counterfoil with the same number printed on it.
(3) For the referendum in Scotland, the two forms of ballot paper shall be of different colours.
11 (1) A counting officer shall, in accordance with any directions given by his Chief Counting Officer, appoint persons to observe the counting of the votes and the verification of the ballot paper accounts.
(2) No person may attend the counting of votes for any voting area unless he is—
(a) the counting officer for that area or a person appointed by him under rule 26 of the Parliamentary Elections Rules as applied by paragraph 13 below,
(b) a Chief Counting Officer,
(c) the Member of Parliament for a constituency wholly or partly within that area,
(d) an observer appointed by the counting officer for that area under sub-paragraph (1), or
(e) permitted by the counting officer for that area to attend the count.
(3) A counting officer shall give observers such reasonable facilities for observing the proceedings, and all such information with respect to them, as he can give them consistently with the orderly conduct of the proceedings and the discharge of his duties in connection with them.
(4) Before a counting officer makes a certification under section 1(6)(b) or 2(6)(b), or makes any public announcement as to the result of the count, he shall consult his Chief Counting Officer who may direct him to recount—
(a) the ballot papers, or
(b) in the case of the referendum in Scotland, either or both of the forms of ballot paper.
(5) In this paragraph “voting area” means a local government area in Scotland or a county or county borough in Wales.
12 A counting officer shall, as soon as possible after his Chief Counting Officer has made the certification required by section 1(7) or 2(7), forward to the Secretary of State—
(a) the packets of ballot papers in his possession,
(b) the ballot paper accounts and the statements of rejected ballot papers and of the result of the verification of the ballot paper accounts,
(c) the tendered votes lists, the lists of blind voters assisted by companions, the lists of votes marked by the presiding officer and the related statements, and the declarations made by the companions of blind voters,
(d) the packets of counterfoils and certificates as to employment on duty on the day of the poll, and
(e) the packets containing marked copies of registers and of lists of proxies,
endorsing on each packet a description of its contents and the name of the area for which the counting officer was appointed.
13 (1) The provisions set out in column (1) of Tables 1 to 4 below shall have effect in relation to the referendum in Scotland.
(2) The provisions set out in column (1) of Tables 1 to 3 and 5 below shall have effect in relation to the referendum in Wales.
(3) In their application for the purposes of a referendum, the provisions set out in column (1) of the Tables below shall have effect with the modifications shown in column (2) and any other necessary modifications; in particular, except where the context otherwise requires—
(a) a reference to an election shall be construed as a reference to a referendum,
(b) a reference to a constituency shall be construed as a reference to a local government area in Scotland or a county or county borough in Wales,
(c) a reference to voting for, or a vote for, a candidate shall be construed as a reference to voting for, or a vote for, a proposition,
(d) a reference to promoting or procuring the election of a candidate, or furthering a person’s candidature, shall be construed as a reference to promoting or procuring a particular result in a referendum,
(e) a reference to the return of a person shall be construed as a reference to a particular result in a referendum,
(f) a reference to a person voting as an elector shall be construed as a reference to a person voting on his own behalf,
(g) a reference to a person’s entitlement as an elector to an absent vote shall be construed as a reference to a person’s entitlement to vote by post on his own behalf or to vote by proxy,
(h) where anything is required to be done in the presence of election, polling, counting or other agents, the reference to the presence of agents shall be ignored,
(i) a reference to anything being prescribed shall be construed as a reference to its being provided for by a provision of subordinate legislation applied by this Schedule,
(j) a form which is required to be used may be used with such variations as the circumstances may require, and
(k) a reference to the registration officer is a reference to the relevant registration officer appointed under section 8 of the [1983 c. 2.] Representation of the People Act 1983; and for the purpose of the exercise of a registration officer’s functions in relation to a referendum, sections 52(1) to (4) (discharge of registration duties) and 54(1), (3) and (4) (payment of expenses of registration) of the 1983 Act shall have effect.
| (1) | (2) |
|---|---|
| Provision | Modification |
| Section 18 (polling districts and polling places) | For subsections (1) to (8) substitute— “(1) Every voting area shall be divided into the same polling districts, each with the same polling place, as have effect for the purposes of local government elections. (2) Subsection (1) shall have effect subject to any direction of a returning officer changing polling districts or places where he considers it necessary to do so by reason of special circumstances. (3) In this section “voting area” means a local government area in Scotland or a county or county borough in Wales.”. |
| Section 29(3) to (4A) and (5) to (9) (payments by and to returning officer) | A reference to a returning officer is to be construed as a reference to a returning officer, a counting officer or a Chief Counting Officer. |
| Section 30(1) to (3) (taxation of returning officer’s account) | A reference to a returning officer shall be construed as a reference to a returning officer, a counting officer or a Chief Counting Officer. |
| Section 47(1) (loan of equipment for local elections) | Omit the words “at a local government election”. |
| Section 49(2), (4) and (5) (effect of registers) | In subsection (5)— (a)
omit “a parliamentary or”, and (b)
omit “prevent the rejection of the vote on a scrutiny, or”. |
| Section 50(b) and (c) (effect of misdescription) | |
| Section 60 (personation) | |
| Section 61 (other voting offences) | For subsections (2) to (4) substitute— “(2) A person shall be guilty of an offence if— (a) he votes on his own behalf otherwise than by proxy— (i) more than once in the same electoral area, (ii) in more than one electoral area, or (iii) in any electoral area when there is in force an appointment of a person to vote as his proxy in the referendum in another electoral area, or (b) he votes on his own behalf in person and is entitled to vote by post, or (c) he votes on his own behalf in person knowing that a person appointed to vote as his proxy has already voted in person or is entitled to vote by post, or (d) he applies for a person to be appointed as his proxy to vote for him without applying for the cancellation of a previous appointment of a third person then in force or without withdrawing a pending application for such an appointment. (3) A person shall be guilty of an offence if— (a) he votes as proxy for the same person either— (i) more than once in the same electoral area, or (ii) in more than one electoral area, or (b) he votes in person as proxy for a person and is entitled to vote by post as proxy for that person, or (c) he votes in person as proxy for someone whom he knows already to have voted in person. (4) A person shall also be guilty of an offence if he votes as proxy in any electoral area for more than two persons of whom he is not the husband, wife, parent, grandparent, brother, sister, child or grandchild. (4A) In this section a reference to voting more than once is, in relation to the referendum in Scotland, a reference to voting more than once with either or both of the two forms of ballot paper.”. |
| Section 63 (breach of official duty) | The reference in subsection (3)(b) to a returning officer shall be construed as a reference to a returning officer, a counting officer or a Chief Counting Officer. |
| Section 65 (tampering with papers) | The reference in subsection (3) to a returning officer shall be construed as a reference to a returning officer, a counting officer or a Chief Counting Officer. |
| Section 66 (requirement of secrecy) | For subsection (1)(b) substitute— “(b) every Member of Parliament or councillor so attending”. |
| Section 92 (broadcasting from outside the United Kingdom). | |
| Section 94(1) (imitation poll cards) | |
| Section 95 (schools and rooms for meetings) | For subsection (1) substitute— “(1) Subject to the provisions of this section, any person is entitled, for the purpose of holding a public meeting to promote a particular result in a 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 17 days ending with the day before the date of the referendum.”. Omit subsection (2). In subsection (3), omit “situated in the constituency”. In subsection (4), omit “or on whose behalf”. In subsection (5), for “candidate” substitute “person”. The lists maintained in accordance with paragraph 3 of Schedule 5 to the 1983 Act shall have effect for the purposes of a referendum; and any person shall, before a referendum, be entitled at all reasonable hours to inspect those lists or a copy of them. |
| Section 97 (disturbances at election meetings) | For subsection (2) substitute— “(2) This section applies to a meeting in connection with a referendum held during the campaign period. (2A) In subsection (2) “the campaign period” means the period of 17 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 a referendum, in a local government area wholly or partly within the police area”. |
| Sections 101 to 104 (conveyance of voters) | |
| Section 105(1) and (3) (access to polling place by sea) | The reference in subsection (1) to a county constituency shall be construed as a reference to a local government area in Scotland or a county or county borough in Wales. |
| Section 109 (payments for exhibition of election notices) | |
| Section 110 (printer’s name and address on election publications) | For subsection (3) substitute— “(3) A person acting in contravention of this section shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.”. |
| Section 111 (prohibition of paid canvassers) | |
| Section 112(a) and (c) (providing money for illegal purposes) | |
| Sections 113 to 115 (bribery, treating and undue influence) | |
| Section 116(a) (rights of creditors) | |
| Section 117(2) (granting employees right of absence to vote) | |
| In section 118 (interpretation of Part II), the definitions of “money”, “pecuniary reward” and “payment” | |
| Section 160(4), (5) and (7) (persons guilty of corrupt or illegal practices) | This section has effect only for the purposes of the application of section 173; and— (a)
a reference in subsection (4) or (5) to an election is not affected by paragraph 13(3)(a) of this Schedule, and (b)
for subsection (5)(a) and (b), and the words in subsection (5) after paragraph (b), substitute— “for or within any voting area where, or in relation to which, the illegal practice occurred. (5A) In subsection (5) “voting area” means a local government area in Scotland or a county or county borough in Wales.”. |
| Section 167 (application for relief) | |
| Sections 168 to 170 (prosecutions for corrupt and illegal practices) | |
| Section 173 (incapacities on conviction of corrupt or illegal practice) | |
| Sections 174 to 176 (mitigation of incapacities, illegal payments, &c., and prosecutions) | |
| Section 177 (summary trial) | For “in the county in which the local government area for which the election was held is situated or which it adjoins” substitute “in the county or county borough where, or in relation to 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 184 (service of notices) | |
| In section 185 (interpretation of Part III), the definitions of “judicial office”, “money” and “pecuniary reward”, “payment”, and “public office” | |
| Section 200(1) and (2) (public notices, and declarations) | |
| In section 202 (interpretation), the definitions in subsection (1) of “the absent voters' list”, “citizen of the Union” and “relevant citizen of the Union”, “elector”, “legal incapacity”, “the list of proxies”, “parliamentary elections rules”, “person”, and “voter”; and subsection (2) | |
| Section 203(1) (local government provisions as to England and Wales) | |
| Section 204(1), (3) and (5) (general application to Scotland) |
| (1) | (2) |
|---|---|
| Provision | Modification |
| Rule 20 (ballot papers: official mark) | For paragraph (2) substitute— “(2) The official mark shall be kept secret.”. |
| Rule 22(1) and (2) (use of schools and public rooms) | |
| Rule 23(1) (notice of poll) | For “in the statement of persons nominated include” substitute “publish, not later than the tenth day before the date of the referendum,”. |
| Rule 24 (postal ballot papers) | Omit “and in no event later than any date which may be prescribed as the last date for the purpose”. |
| Rule 25 (provision of polling stations) | |
| Rule 26 (appointment of presiding officers and clerks) | In paragraph (1), for the words from “but he shall not appoint” to the end substitute “and the counting officer shall appoint and pay such persons as may be necessary for the purpose of the counting of the votes”. |
| Rule 28(1) to (3) (issue of official poll cards) | |
| Rule 29 (equipment of polling stations) | For the notice referred to in paragraph (4) substitute the notice in the Appendix to this Schedule. For paragraph (5) substitute— “(5) In every compartment of every polling station a notice shall be exhibited. (5A) In Scotland, the notice shall be in the following form: “Read the ballot papers carefully. On each ballot paper, mark a cross (X) in the box to the right of the proposition you are voting for. Put no other mark on the ballot papers or your vote may not be counted.”. (5B) In Wales, the notice shall be in the following form: “Mark one box only. Put no other mark on the ballot paper or your vote may not be counted.” Marciwch un blwch yn unig. Peidiwch aj rhoi unrhyw farc arall ar y papur pleidleisio neu fe all na chaiff eich pleidlais ei chyfrif.”. |
| Rule 31 (notification of requirement of secrecy) | The reference in paragraph (a) to section 66 of the 1983 Act shall be construed as a reference to that section as modified in Table 1. The duty under paragraph (b) shall be the duty not of the returning officer but of the counting officer. |
| Rule 32(1), (3) and (4) (admission to polling station) | In paragraph (1), for sub-paragraphs (a) and (b) substitute— “(a) the Member of Parliament for the constituency within which the polling station is situated; (b) a member of the council for— (i) in Scotland, the local government area, or (ii) in Wales, the county or county borough, within which the polling station is situated;”. |
| Rule 33 (keeping order in station) | |
| Rule 34 (sealing of ballot boxes) | |
| Rule 35 (questions to be put to voters) | For paragraphs (1) and (2) substitute— “(1) The presiding officer may put to any person applying for a ballot paper at the time of his application, but not afterwards, one or both of the relevant questions. (2) In the case of a person applying to vote on his own behalf, the relevant questions are— (a) “Are you the person registered in the register of local government electors [for this local government area] [for this county] [for this county borough] as follows?” (read the whole entry from the register.) (b) “Have you already voted, here or elsewhere, in this referendum, otherwise than as a proxy for some other person?”. (2A) In the case of a person applying as proxy, the relevant questions are— (a) “Are you the person whose name appears as A.B. in the list of proxies for this referendum as entitled to vote as proxy on behalf of C.D.?” (b) “Have you already voted here or elsewhere in this referendum as proxy on behalf of C.D.?”. (2B) In the case of a person applying as proxy, the presiding officer may put the following additional question— “Are you the husband [wife], parent, grandparent, brother [sister], child or grandchild of C.D.?” and if that question is not answered in the affirmative the following question— “Have you already voted in this referendum in this electoral area on behalf of two persons of whom you are not the husband [wife], parent, grandparent, brother [sister], child or grandchild?””. In the case of the referendum in Wales, article 5 of, and Forms 1 to 3 in Schedule 2 to, the Representation of the [S.I. 1989/429.] People (Welsh Forms) Order 1989 (which prescribe Welsh versions of questions) shall have effect in relation to rule 35 as applied in this Table, with the following modifications— (a)
in Form 1— (i)
for “seneddol” substitute “llywodraeth leol”, (ii)
for “yr etholiad hwn” substitute “[y sir hon] [y fwrdeistref sirol hon]”, and (iii)
for “yr is-etholiad [etholiad cyffredinol] hwn” substitute “y refferendwm hwn”, (b)
in Form 2, for “yr etholiad hwn” and “yr is-etholiad [etholiad cyffredinol] hwn” substitute “y refferendwm hwn”, and (c)
in Form 3, for “yr etholiad hwn ac yn yr etholaeth hon” substitute “y refferendwm hwn yn y rhanbarth etholiadol hwn”. |
| Rule 36 (challenge of voter) | For “a candidate or his election or polling agent” substitute “a Member of Parliament or a member of the council for a local government area in Scotland or a county or county borough in Wales”. |
| Rule 37 (voting procedure) | In the case of the referendum in Scotland, a person may apply under this rule for either or both of the two forms of ballot paper. |
| Rule 38 (votes marked by presiding officer) | |
| Rule 39 (voting by blind persons) | |
| Rule 40 (tendered ballot papers) | |
| Rule 41 (spoilt ballot papers) | |
| Rule 42 (adjournment of poll in case of riot) | After “returning officer” insert “and the counting officer”. |
| Rule 43 (procedure on close of poll) | A reference to the returning officer is to be construed as a reference to the counting officer. |
| Rule 45 (the count) | A reference to the returning officer is, except in paragraph (2), to be construed as a reference to the counting officer. A reference to counting agents or election agents is to be construed as a reference to observers. In paragraph (5), for “election agent” substitute “observer present at the verification”. In paragraph (6), for “in so far as he and the agents agree” substitute “, if his Chief Counting Officer approves,”; and omit from “For the purposes of this exception” to the end. For paragraph (7) substitute— “(7) During the excluded time the counting officer shall take proper precautions for the security of the ballot papers and documents.”. |
| Rule 47 (rejected ballot papers) | A reference to the returning officer is to be construed as a reference to the counting officer. In paragraph (3), omit from “and shall add to the endorsement” to the end. |
| Rule 54 (sealing up of ballot papers) | A reference to the returning officer is to be construed as a reference to the counting officer. |
| The Appendix of Forms: form of declaration to be made by the companion of a blind voter | For “election now being held in this constituency”— (a)
in the case of the referendum in Scotland substitute “referendum now being held in Scotland under section 1(1) of the Referendums (Scotland and Wales) Act 1997”, and (b)
in the case of the referendum in Wales substitute “referendum now being held in Wales under section 2(1) of the Referendums (Scotland and Wales) Act 1997”. For “said election” in each place substitute “said referendum”. In the case of the referendum in Wales, article 5 of, and Form 6 in Schedule 2 to, the [S.I. 1989/429.] Representation of the People (Welsh Forms) Order 1989 (which prescribe a Welsh version of the form of declaration to be made by the companion of a blind voter) shall have effect in relation to the form in the Appendix as applied in this Table, with the following modifications— (a)
for “yr etholiad a gynhelir yn awr yn yr etholaeth hon” substitute “y refferendwm yng Nghymru a gynhelir yn awr o dan adran 2(1) Deddf Refferenda (Yr Alban a Chymru) 1997”, and (b)
for the second and third “yr etholiad” substitute “y refferendwm”. |
Referendums (Scotland and Wales) Act 1997