Office of Public Sector Information
SCHEDULE 3 continued
| (1) | (2) |
|---|---|
| Provision | Modification |
In the application of any provision of the 1985 Act to a referendum, a reference to prescribed requirements is to be construed as a reference to the requirements of the provisions of— (a)
in the case of the referendum in Scotland, the [S.I. 1986/1111.] Representation of the People (Scotland) Regulations 1986, and (b)
in the case of the referendum in Wales, the [S.I. 1986/1081.] Representation of the People Regulations 1986, as applied by Tables 4 and 5. |
|
| Section 5 (manner of voting) | In subsection (1), for “at a parliamentary or local government election” substitute “in a referendum”. In subsection (5) for “constituency or, as the case may be, electoral area” substitute “local government area in Scotland or county or county borough in Wales”. For subsection (6) substitute— “(6) For the purposes of the provisions of this Act and the Representation of the People Act 1983, a person entitled to vote in a referendum on his own behalf is entitled to vote by post or by proxy if he is shown in the absent voters list for the referendum.”. In subsection (7), for the definition of “appropriate rules” substitute— ““appropriate rules” means the parliamentary elections rules as they have effect for the purposes of a referendum.”. |
| Section 7 (absent vote at a particular election and absent voters list) | In subsection (1)— (a)
for “at a particular parliamentary or local government election” substitute “in a referendum”, and (b)
for paragraph (b) substitute— “(b) he is satisfied that the applicant will be entitled to vote in the referendum,”. In subsection (2)— (a)
for “elections of the kind in question”, in each place, substitute “local government elections”, and (b)
for “in respect of a particular parliamentary or local government election” substitute “in respect of a referendum”. In subsection (4)— (a)
for “in respect of each parliamentary or local government election” substitute “in respect of a referendum”, (b)
for paragraph (a)(ii) substitute— “(ii) those who are shown in the record kept under section 6 of this Act as voting by post at local government elections, together with the addresses provided by them in their applications under that section or, as the case may be, subsection (2) above as the addresses to which their ballot papers are to be sent,”, and (c)
for paragraph (b) substitute— “(b) a list (“the list of proxies”) of those whose applications under this section to vote by proxy in the referendum have been granted or who are shown in the record kept under section 6 of this Act as voting by proxy at local government elections, together with the names and addresses of those appointed as their proxies.”. |
| Section 8 (proxies) | In subsection (1), for “at any parliamentary or local government election” substitute “in a referendum”. For subsection (2) substitute— “(2) The elector cannot have more than one person at a time appointed as proxy to vote for him in the referendum.”. Omit subsection (3). In subsection (3A)— (a)
for “at a local government election” substitute “in a referendum”, and (b)
for “at that election as an elector” substitute “in the referendum on his own behalf”. For subsection (5) substitute— “(5) A person is not entitled to vote as proxy in any electoral area in a referendum on behalf of more than two electors of whom that person is not the husband, wife, parent, grandparent, brother, sister, child or grandchild.”. Subsection (6) shall not have effect to permit applications in relation to referendums; but an appointment made under subsection (6) which has effect in relation to local government elections shall have effect in relation to a referendum. For subsection (7) substitute— “(7) Where the elector applies to the registration officer for the appointment of a proxy to vote for him in a referendum the registration officer shall make the appointment if the application meets the prescribed requirements and he is satisfied that the elector is or will be— (a) entitled to vote in the referendum, and (b) entitled to vote by proxy in the referendum by virtue of an application under section 7 of this Act, and that the proxy is capable of being and willing to be appointed.”. For subsections (9) and (10) substitute— “(9) The appointment shall remain in force for the referendum, unless cancelled by notice from the elector to the registration officer.”. |
| Section 9 (voting as proxy) | In subsections (1), (3) and (9), for “parliamentary or local government election” substitute “referendum”. Subsections (4) to (6) shall not have effect to permit applications in relation to referendums; but the record kept under subsection (6) shall have effect for the purposes of the application to the referendums of subsection (9). In subsections (8) and (9), for “elections of the kind in question” substitute “local government elections”. In subsection (10), for “is or will be registered in the register of parliamentary electors, local government electors, or both (as the case may be)” substitute “will be entitled to vote in the referendum”. |
| Section 12(3) and (4) (offences) |
| (1) | (2) |
|---|---|
| Provision | Modification |
| In regulation 4(1) (interpretation), the definitions of “available for inspection”, “electoral area”, “local authority”, “local government area”, “postal proxy”, “register”, “registration area” and “registration officer” | |
| Regulation 5(1)(b) and (2) (forms) | |
| Regulation 6(1) and (2) (sending of applications, notices, &c.) | |
| Regulation 8 (misnomers) | |
| Regulation 10 (official poll card) | |
| Regulation 12 (interference with notices, &c.) | |
| Regulation 61 (absent voters: general requirements for applications) | |
| Regulation 64 (applications in respect of a particular election) | |
| Regulation 65 (additional requirements for applications for appointments of proxy) | |
| Regulation 66 (additional requirements for application by proxies to vote by post at a particular election) | |
| Regulation 67(1) to (5) (closing dates for applications) | |
| Regulation 68 (grant or refusal of applications) | The reference to Form C shall be construed as a reference to the form of proxy paper in the Appendix to this Schedule. |
| Regulation 70 (cancellation of proxy appointment) | |
| Regulation 72 (records and lists) | |
| Regulation 73 (marked register for polling stations) | |
| Regulation 74 (certificate of employment at an election) | |
| Regulation 75 (interpretation of Part V) | |
| Regulation 77 (form of declaration of identity) | Omit the words after “Form G”. |
| Regulation 78(1)(a) (persons entitled to be present at issue and receipt of postal ballot papers) | |
| Regulation 79 (notification of requirement of secrecy) | |
| Regulation 81(1) and (2) (marking of postal ballot papers) | |
| Regulation 82 (refusal to issue postal ballot paper) | For the words from “more than one ballot paper” to the end substitute “more than one of each form of ballot paper in respect of that elector”. |
| Regulation 83(1) and (2) (envelopes) | |
| Regulation 84 (delivery of postal ballot papers to post office) | |
| Regulation 85 (provision of postal voters' ballot box) | For paragraph (2) substitute— “(2) Every ballot box shall, while empty, be locked by the returning officer and sealed with his seal in such manner as to prevent its being opened without breaking the seal.”. |
| Regulation 86 (sealing up of special lists and counterfoils) | |
| Regulation 87 (spoilt postal ballot papers) | In paragraph (1)— (a)
for “his postal paper” substitute “a postal ballot paper”, and (b)
for “the spoilt postal ballot paper” substitute “both forms of ballot paper”. Omit paragraph (2). In paragraph (3)— (a)
for “another postal ballot paper or, as the case may be, ballot papers” substitute “replacement ballot papers”, and (b)
for “another ballot paper (or ballot papers)” substitute “replacement ballot papers”. In paragraph (5), for the words “The spoilt postal ballot paper, and any other postal ballot paper issued with it under regulation 76 above,” substitute “The returned postal ballot papers”. |
| Regulation 88 (receipt of covering envelope) | |
| Regulation 89(1) and (2) and (4) to (7) (opening of postal voters' ballot box) | In paragraph (4) for the words from “and every such ballot box” to the end substitute “; and every ballot box shall, while empty, be locked by the returning officer and sealed with his seal in such manner as to prevent its being opened without breaking the seal.”. |
| Regulation 90 (opening of covering envelopes) | |
| Regulation 91 (sealing up of rejected votes and declarations of identity) | |
| Regulation 92 (opening of ballot paper envelopes) | |
| Regulation 94 (forwarding of documents) | For paragraph (1) substitute— “(1) The returning officer shall, as soon as possible after the Chief Counting Officer for Scotland has made the certification required by section 1(7) of the Referendums (Scotland and Wales) Act 1997, forward to the Secretary of State— (a) any packets referred to in regulations 86, 87, 91 and 92, endorsing on each packet a description of its contents and the name of the local government area for which the returning officer acts, and (b) a statement of the number of postal ballot papers issued by him in such form, and giving such details about the papers, as the Secretary of State may require.”. Omit paragraphs (3) and (4). |
| In Schedule 2 (forms), Form D (elector’s official poll card) | On the front of the card— (a)
for the heading “REPRESENTATION OF THE PEOPLE ACTS” substitute “REFERENDUM”, and (b)
for “Constituency” substitute “Local government area”. On the back of the card— (a)
for the heading substitute “REFERENDUM”, (b)
in paragraph 2, for “a ballot paper” substitute “one of each of two forms of ballot paper (unless you ask for only one)”, (c)
in paragraph 2, for “on it” substitute “on each form of ballot paper”, (d)
for paragraphs 3 to 5 substitute— “3 Take the ballot papers to one of the voting compartments and read them carefully. 4 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 paper or your vote may not be counted. 5 Fold each ballot paper in two. Show the official mark to the presiding officer, but do not let anyone see your vote. Put the ballot papers in the ballot box and leave the polling station.”. |
| In Schedule 2 (forms), Form E (proxy’s official poll card) | On the back of the card, for “elector’s ballot paper” substitute “elector’s ballot papers”. |
| In Schedule 2 (forms), Form F (certificate of employment) | For the heading “ELECTION IN THE ... ... ... ... CONSTITUENCY” substitute “REFERENDUM ... ... ... ... LOCAL GOVERNMENT AREA”. For “constituency named above” and “above constituency” substitute “local government area named above”. For “election” in each place substitute “referendum”. |
| In Schedule 2 (forms), Form G (declaration of identity) | On the front of the form, for the heading “REPRESENTATION OF THE PEOPLE ACTS” substitute “REFERENDUM”. For “Ballot Paper No.” substitute “Ballot Paper Nos.”. For “the ballot paper numbered as above was sent” substitute “the ballot papers numbered as above were sent”. On the back of the form— (a)
for paragraphs 2 and 3 substitute— “2 Read the ballot papers carefully. 3 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 paper or your vote may not be counted.”, (b)
in paragraph 4, for “ballot paper” in each place substitute “ballot papers”, (c)
for paragraph 5 substitute— “5 If you receive more than one of either form of ballot paper, remember that it is illegal to vote more than once (otherwise than as proxy) with the same form of ballot paper.”, (d)
in paragraph 6, for “election” substitute “referendum”, and (e)
for paragraph 7 substitute— “7 If you inadvertently spoil either form of ballot paper, you can apply to the returning officer for another one. To do this you MUST RETURN ALL OF THE POSTAL BALLOT PAPERS YOU HAVE RECEIVED, including the spoilt ballot paper. In addition, in your application for fresh postal ballot papers you MUST RETURN, in your own envelope, the declaration of identity and the envelopes marked “A” and “B”. Remember that there is little time available if fresh postal ballot papers are to be issued and counted.”. |
| (1) | (2) |
|---|---|
| Provision | Modification |
| In regulation 4(1) (interpretation), the definitions of “available for inspection”, “postal proxy”, “register”, and “registration officer”. | |
| Regulation 6(1)(b) (forms) | |
| Regulation 7 (sending of applications, notices, &c.) | |
| Regulation 9 (misnomers) | |
| Regulation 11 (official poll card) | The reference to Form E is to be construed as a reference to the form of elector’s official poll card in Part II of the Schedule to the Representation of the [S.I. 1986/1460.] People (Welsh Forms) Order 1986 with the following modifications— (a)
on the front of the card, for “REPRESENTATION OF THE PEOPLE ACTS” and “DEDDFAU CYNRYCHIOLAETH Y BOBL” substitute “REFERENDUM” and “REFFERENDWM”, (b)
on the front of the card, for “Constituency” and “Etholaeth” substitute “County / County Borough” and “Sir / Bwrdeistref Sirol”, (c)
on the back of the card, for “PARLIAMENTARY ELECTION” and “ETHOLIAD SENEDDOL” substitute “REFERENDUM” and “REFFERENDWM”, (d)
on the back of the card, for the third paragraph in English substitute— “Take the ballot paper to one of the voting compartments and read it carefully. On the 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 paper or your vote may not be counted.”, (e)
on the back of the card, for the third paragraph in Welsh substitute— “Ewch aj'r papur pleidleisio i un o'r cabanau pleidleisio a darllenwch ef yn ofalus. Ar y papur pleidleisio rhowch groes (X) yn y blwch i'r dde o'r gosodiad yr ydych yn pleidleisio drosto. Peidiwch aj rhoi unrhyw farc arall ar y papur pleidleisio neu fe all na chaiff eich pleidlais ei chyfrif.”, (f)
on the back of the card, in the penultimate and final paragraphs in English and in Welsh, for “this election” and “yr etholiad hwn” substitute “the referendum” and “y refferendwm”, (g)
on the back of the card, omit the fifth paragraph in English and in Welsh. The reference to Form F is to be construed as a reference to the form of proxy’s official poll card in Part II of the Schedule to the Representation of the [S.I. 1986/1460.] People (Welsh Forms) Order 1986 with the following modifications— (a)
on the front of the card, omit “REPRESENTATION OF THE PEOPLE ACTS” and “DEDDFAU CYNRYCHIOLAETH Y BOBL”, (b)
on the front of the card, for “PARLIAMENTARY ELECTION” and “ETHOLIAD SENEDDOL” substitute “REFERENDUM” and “REFFERENDWM”, (c)
on the front of the card, for “Etholaeth” and “Constituency” substitute “Sir / Bwrdeistref Sirol” and “County / County Borough”, (d)
on the back of the card, in the penultimate and final paragraphs in English and in Welsh, for “this election” and “yr etholiad hwn” substitute “the referendum” and “y refferendwm”. |
| Regulation 13 (interference with notices, &c.) | |
| Regulation 63 (absent voters: general requirements for applications) | |
| Regulation 66 (additional requirements for applications in respect of a particular election) | |
| Regulation 67 (additional requirements for applications for appointment of proxy) | |
| Regulation 68 (additional requirements for applications by proxies to vote by post at a particular election) | |
| Regulation 69(1) to (5) (closing dates for applications) | |
| Regulation 70 (grant or refusal of applications) | The reference to Form D shall be construed as a reference to the form of proxy paper in the Appendix to this Schedule. |
| Regulation 72 (cancellation of proxy appointment) | |
| Regulation 74 (records and lists) | |
| Regulation 75 (marked register for polling stations) | |
| Regulation 76 (certificate of employment at an election) | The reference to Form G is to be construed as a reference to the form of certificate of employment in the Appendix to this Schedule. |
| Regulation 77 (interpretation of Part V) | |
| Regulation 79 (form of declaration of identity) | For the words from “shall be” to the end substitute “shall be in the form of Form 3 in Schedule 1 to the Representation of the [S.I. 1989/429.] People (Welsh Forms) Order 1989 with the following modifications— (a) on the front of the form, for the headings substitute— “REFERENDUMREFFERENDWM”,(b) on the back of the form, for paragraphs 2 and 3 in English substitute— “2 Read the ballot paper carefully. On the 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 paper or your vote may not be counted. If you cannot vote without assistance, the person assisting you must not disclose how you have voted.”, (c) on the back of the form, for paragraphs 2 and 3 in Welsh substitute— “2 Darllenwch y papur pleidleisio yn ofalus. Ar y papur pleidleisio rhowch groes (X) yn y blwch i'r dde o'r gosodiad yr ydych yn pleidleisio drosto. Peidiwch aj rhoi unrhyw farc arall ar y papur pleidleisio neu fe all na chaiff eich pleidlais ei chyfrif. Os na fedrwch bleidleisio heb gymorth, rhaid i'r person sy'n eich cynorthwyo beidio aj datgelu sut yr ydych wedi pleidleisio.”, (d) on the back of the form, in paragraph 5 in English and in Welsh, for “same election” and “yr un etholiad” substitute “referendum” and “y refferendwm”, (e) on the back of the form, in paragraph 6 in English and in Welsh, for “this election” and “yr etholiad hwn” substitute “the referendum” and “y refferendwm”, and (f) on the back of the form, renumber paragraphs 4 to 7 in English and in Welsh accordingly.” |
| Regulation 80(1)(a) (persons entitled to be present at issue and receipt of postal ballot papers) | |
| Regulation 81 (notification of requirement of secrecy) | |
| Regulation 83(1) and (2) (marking of postal ballot papers) | |
| Regulation 84 (refusal to issue postal ballot paper) | |
| Regulation 85(1) and (2) (envelopes) | |
| Regulation 86 (delivery of postal ballot papers to post office) | |
| Regulation 87 (provision of postal voters' ballot box) | For paragraph (2) substitute— “(2) Every ballot box shall, while empty, be locked by the returning officer and sealed with his seal in such manner as to prevent its being opened without breaking the seal.”. |
| Regulation 88 (sealing up of special lists and counterfoils) | |
| Regulation 89 (spoilt postal ballot papers) | Omit paragraph (2). In paragraph (3)— (a)
omit “or, as the case may be, ballot papers”, and (b)
omit “(or ballot papers)”. In paragraph (5) omit “, and any other postal ballot paper issued with it under Regulation 78 above”. |
| Regulation 90 (receipt of covering envelope) | |
| Regulation 91(1) and (2) and (4) to (7) (opening of postal voters' ballot box) | In paragraph (4) for the words from “and every such ballot box” to the end substitute “; and every ballot box shall, while empty, be locked by the returning officer and sealed with his seal in such manner as to prevent its being opened without breaking the seal.”. |
| Regulation 92 (opening of covering envelopes) | |
| Regulation 93 (sealing up of rejected votes and declarations of identity) | |
| Regulation 94 (opening of ballot paper envelopes) | |
| Regulation 96 (forwarding of documents) | For paragraph (1) substitute— “(1) The returning officer shall, as soon as possible after the Chief Counting Officer for Wales has made the certification required by section 2(7) of the Referendums (Scotland and Wales) Act 1997, forward to the Secretary of State— (a) the packets referred to in regulations 88, 89, 93 and 94, endorsing on each packet a description of its contents and the name of the county or county borough for which the returning officer acts, and (b) a statement of the number of postal ballot papers issued by him in such form, and giving such details about the papers, as the Secretary of State may require.”. Omit paragraphs (2), (4) and (5). |
View a larger version of this image
View a larger version of this image
View a larger version of this image
View a larger version of this image
View a larger version of this image
View a larger version of this image
View a larger version of this image
View a larger version of this image
View a larger version of this image
View a larger version of this image
Referendums (Scotland and Wales) Act 1997