The European Union Referendum (Conduct) Regulations 2016
Draft 2016, ISBN 9780111142967
Draft Regulations laid before Parliament under section 9(2) of the European Union Referendum Act 2015, for approval by resolution of each House of Parliament.
Referendums
Representation Of The People
Made ***
Coming into force in accordance with regulation 1
These Regulations are made in exercise of the powers conferred by sections 4(1), (4) and (5), 5(1), 9(5) and 11(1) of the European Union Referendum Act 2015f1.
In accordance with section 4(6) of the European Union Referendum Act 2015, the Chancellor of the Duchy of Lancaster has consulted the Electoral Commission.
A draft of this instrument has been approved by a resolution of each House of Parliament pursuant to section 9(2) of that Act.
Accordingly, the Chancellor of the Duchy of Lancaster makes the following Regulations:
Annotations to the whole text
Footnotes
- f1
-
2015 c.36. See the definition of “the Minister” in section 11(1).
Contents
- Part 1: INTRODUCTORY
- 1Citation and commencement
- 2Extent
- 3Interpretation
- Part 2: REGULATIONS FOR THE CONDUCT OF THE REFERENDUM IN THE UNITED KINGDOM
- Application and interpretation
- 4Part to apply in United Kingdom and not Gibraltar
- 5Interpretation
- Time
- 6Timetable
- 7Computation of time
- General provisions
- 8Notice of referendum
- 9Poll to be taken by ballot
- 10The ballot paper
- 11Corresponding number list
- 12The official mark
- 13Prohibition of disclosure of vote
- 14Use of schools and public rooms
- 15Modification of forms
- Action to be taken before the poll
- 16Notice of poll
- 17Postal ballot papers
- 18Provision of polling stations
- 19Appointment of presiding officers and clerks
- 20Issue of official poll cards
- 21Notification that certain electors entitled to absent vote
- 22Equipment of polling stations
- 23Appointment of polling and counting agents
- 24Notification of requirement of secrecy
- 25Return of postal ballot papers
- The poll
- 26Admission to polling station
- 27Keeping of order in polling station
- 28Sealing of ballot boxes
- 29Questions to be put to voters
- 30Challenge of voter
- 31Voting procedure
- 32Voting procedure
- 33Voting procedure
- 34Voting procedure
- 35Votes marked by presiding officer
- 36Voting by people with disabilities
- 37Tendered ballot papers
- 38Tendered ballot papers
- 39Tendered postal ballot papers: anonymous entries in Northern Ireland
- 40Refusal to deliver ballot paper
- 41Spoilt ballot papers
- 42Correction of errors on day of poll
- 43Adjournment of poll in case of riot
- 44Procedure on close of poll
- Counting of votes
- 45Attendance at the count
- 46The count
- 47Re-count
- 48Rejected ballot papers
- 49Direction to conduct re-count
- 50Decisions on ballot papers
- Final proceedings
- 51Declaration by counting officers
- 52Declaration by counting officers
- 53Declaration by Regional Counting Officers
- 54Declaration of referendum result by Chief Counting Officer
- Disposal of documents
- 55Sealing up of ballot papers
- 56Delivery or retention of documents
- 57Orders for production of documents
- 58Retention and public inspection of documents
- Part 3: ABSENT VOTING IN THE REFERENDUM IN THE UNITED KINGDOM
- Chapter 1: GREAT BRITAIN
- 59Overview and interpretation
- 60Manner of voting in the referendum
- 61Entitlement to vote by post or by proxy
- 62Application to vote by post or by proxy in the referendum
- 63Absent voters lists
- 64Proxies
- 65Proxies
- 66Voting as proxy
- 67Use of personal identifier information
- 68Use of personal identifier information
- 69Offences
- Chapter 2: NORTHERN IRELAND
- 70Overview and interpretation
- 71Manner of voting in the referendum
- 72Entitlement to vote by post or by proxy
- 73Application to vote by post or by proxy in the referendum
- 74Absent voters lists
- 75Proxies
- 76Proxies
- 77Voting as proxy
- 78Offences
- Part 4: APPLICATION AND AMENDMENT OF EXISTING LEGISLATION
- 79Application of provisions of the Representation of the People Act 1983
- 80Application of provisions of other Acts
- 81Application of existing provisions of regulations
- 82Amendment of the European Parliamentary Elections Regulations 2004
- Part 5: SUPPLEMENTARY
- 83Forms
- Signature
- Schedule 1: APPLICATION OF PROVISIONS OF THE REPRESENTATION OF THE PEOPLE ACT 1983
- Part 1: INTERPRETATION AND EXTENT
- 1Interpretation of applied provisions: general
- 2Meaning of “vote” in applied provisions
- 3Extent of section 52 of the 1983 Act
- Part 2: APPLICATION OF PROVISIONS
- 4Alteration of registers pending the referendum: England, Wales and Scotland
- 5Alteration of registers pending the referendum: Northern Ireland
- 6Loan of equipment
- 7Effect of registers
- 8Effect of misdescription
- 9Discharge of registration duties
- 10Payment of expenses of registration
- 11Registration appeals: England and Wales and Scotland
- 12Registration appeals: Northern Ireland
- 13Offence of personation
- 14Other voting offences
- 15Offences relating to applications for absent voting
- 16Breach of official duty
- 17Tampering with papers
- 18Requirement of secrecy
- 19Prohibition on publication of exit polls
- 20Failure to comply with conditions relating to supply etc of documents
- 21Broadcasting from outside UK
- 22Imitation poll cards
- 23Disturbances at meetings
- 24Premises used for referendum meetings in Scotland or Northern Ireland
- 25Officials not to act for candidates
- 26Illegal canvassing by police officers
- 27Payments for exhibition of election notices
- 28Prohibition of paid canvassers
- 29Providing money etc for illegal purposes
- 30Bribery
- 31Treating
- 32Undue influence
- 33Rights of creditors where applied provision prohibits payments
- 34Saving for employees to be absent for voting
- 35Computation of time
- 36Application for relief
- 37Powers of court on conviction of corrupt practice
- 38Prosecution and conviction of illegal practice and illegal payments
- 39Time limit for prosecutions
- 40Prosecution of offences committed outside the United Kingdom
- 41Offences by associations
- 42Director of Public Prosecutions
- 43Service of notices
- 44Computation of time for purposes of Part 3
- 45Translations etc of certain documents
- 46General interpretation
- 47General application to Scotland
- 48General application to Northern Ireland
- 49Premises used for poll: Scotland and Northern Ireland
- Schedule 2: APPLICATION OF PROVISIONS OF OTHER ACTS
- Part 1: POLITICAL PARTIES, ELECTIONS AND REFERENDUMS ACT 2000
- 1Attendance of representatives of Electoral Commission at referendum proceedings
- 2Observation of working practices by representatives of the Electoral Commission
- 3Accredited observers of referendum proceedings
- 4Accredited observers of referendum proceedings
- 5Provision to the Electoral Commission of information about expenditure
- 6Right to use rooms for holding public meetings
- Part 2: APPLICATION OF OTHER ENACTMENTS
- 7Premises used for referendum purposes in England and Wales
- 8Restriction on powers of arrest at polling station by persons other than constables
- Schedule 3: APPLICATION OF EXISTING PROVISIONS OF REGULATIONS
- Part 1: THE 2001 REGULATIONS (ENGLAND AND WALES) AND THE 2001 REGULATIONS (SCOTLAND)
- 1Preliminary
- 2Preliminary
- 3Forms
- 4Computation of time
- 5Restriction on supply etc of record of anonymous entries
- 6General requirements for applications for an absent vote
- 7Signature of application for absent vote
- 8Address to which to send ballot paper: requirements if different to address in application
- 9Address to which to send ballot paper: requirements if different to address in records
- 10Applications for appointment of a proxy
- 11Additional requirements for applications for proxy to vote
- 12Closing date for applications
- 13Grant or refusal of applications
- 14Cancellation of proxy appointment
- 15Requirement to provide fresh signatures every 5 years
- 16Records and lists
- 17Conditions on use, supply and inspection of absent voter records or lists
- 18Personal identifiers record
- 19Notification of rejected postal voting statement
- 20Interpretation of Part 5
- 21Persons entitled to be present at proceedings on issue of postal ballot papers
- 22Persons entitled to be present at proceedings on receipt of postal ballot papers
- 23Agents of candidate who may attend proceedings on receipt of postal ballot papers
- 24Notification of requirement of secrecy
- 25Time when postal ballot papers are to be issued
- 26Procedure on issue of postal ballot papers
- 27Refusal to issue ballot paper
- 28Envelopes
- 29Sealing up of completed corresponding number lists
- 30Delivery of postal ballot papers
- 31Spoilt postal ballot papers
- 32Lost postal ballot papers
- 33Cancellation of postal ballot papers
- 34Alternative means of returning postal ballot paper or postal voting statement: England and Wales
- 35Alternative means of returning postal ballot paper or postal voting statement: Scotland
- 36Notice of opening of postal ballot paper envelopes
- 37Postal ballot boxes and receptacles
- 38Receipt of covering envelope
- 39Opening of postal voters’ ballot box
- 40Opening of covering envelopes
- 41Confirming receipt of postal voting statements
- 42Procedure in relation to postal voting statements: personal identifier verification
- 43Opening of ballot paper envelopes
- 44Retrieval of cancelled postal ballot papers
- 45Lists of rejected postal ballot papers
- 46Checking of lists of rejected postal ballot papers
- 47Sealing of receptacles
- 48Forwarding or retention of documents: England and Wales
- 49Retention of documents: Scotland
- 50Forwarding of documents: Scotland
- 51Interpretation and application of Part 6: England and Wales
- 52Restriction on supply etc of full register: England and Wales
- 53Restriction on supply etc of full register: Scotland
- 54Supply of free copy of full register for electoral purposes and restrictions on use: Scotland
- 55Supply of free copy of full register for electoral purposes and restrictions on use: England and Wales
- 56Offences: England and Wales
- 57Offences: Scotland
- 58Interpretation of Part 7: England and Wales
- 59Interpretation of Part 7: Scotland
- 60Supply of marked registers and lists after an election: England and Wales
- 61Supply of marked registers and lists after an election: Scotland
- 62Inspection of documents open to public inspection
- 63Inspection of documents open to public inspection
- 64Conditions on use, supply and disclosure of documents open to public inspection
- 65Form K: statement as to postal ballot papers
- Part 2: THE 2008 REGULATIONS (NORTHERN IRELAND)
- 66Preliminary
- 67Preliminary
- 68Forms
- 69Communication of notices made on polling day
- 70Interpretation of Part 4
- 71General requirements for applications for an absent vote
- 72Address to which to send ballot paper: requirements if different to address in application
- 73Address to which to send ballot paper: requirements if different to address in records
- 74Additional requirements for applications for appointment of a proxy
- 75Additional requirements for applications in respect of a particular election
- 76Additional requirements for applications by proxies to vote by post at a particular election
- 77Closing date for applications
- 78Grant or refusal of applications
- 79Cancellation of proxy appointment
- 80Records and lists
- 81Interpretation of Part 5
- 82Time when postal ballot papers are to be issued
- 83Persons entitled to be present at proceedings on issue and receipt of postal ballot papers
- 84Agents of candidate who may attend proceedings on issue or receipt of postal ballot papers
- 85Notification of requirement of secrecy
- 86Notice of issue of postal ballot papers
- 87Procedure on issue of postal ballot paper
- 88Refusal to issue ballot paper
- 89Envelopes
- 90Sealing up of completed corresponding number lists
- 91Delivery of postal ballot papers
- 92Spoilt postal ballot papers
- 93Tendered postal ballot papers
- 94Notice of opening of postal ballot paper envelopes
- 95Postal ballot boxes and receptacles
- 96Receipt of covering envelope
- 97Opening of postal voters’ ballot box
- 98Opening of covering envelopes
- 99Procedure in relation to declarations of identity
- 100Opening of ballot paper envelopes
- 101Sealing of receptacles
- 102Forwarding of documents
- 103Restriction on supply etc of full register
- 104Interpretation of Part 7
- 105Supply of marked registers and lists after an election
- 106Inspection of documents open to public inspection
- 107Conditions on use, supply and disclosure of documents open to public inspection
- 108Form N: statement as to postal ballot papers
- Part 3: OTHER REGULATIONS
- 109Control of advertisements
- 110Control of advertisements
- 111Control of advertisements
- 112Right of audience and right to conduct litigation
- 113Provision of information regarding proxies
- 114Persons convicted of corrupt or illegal practices: Gibraltar
- 115Persons convicted of corrupt or illegal practices: Gibraltar
- Schedule 4FORMS
- Explanatory note