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The European Union Referendum (Conduct) Regulations 2016

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2016, ISBN 9780111142967

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

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

  1. Part 1: INTRODUCTORY
  2. 1Citation and commencement
  3. 2Extent
  4. 3Interpretation
  5. Part 2: REGULATIONS FOR THE CONDUCT OF THE REFERENDUM IN THE UNITED KINGDOM
  6. Application and interpretation
  7. 4Part to apply in United Kingdom and not Gibraltar
  8. 5Interpretation
  9. Time
  10. 6Timetable
  11. 7Computation of time
  12. General provisions
  13. 8Notice of referendum
  14. 9Poll to be taken by ballot
  15. 10The ballot paper
  16. 11Corresponding number list
  17. 12The official mark
  18. 13Prohibition of disclosure of vote
  19. 14Use of schools and public rooms
  20. 15Modification of forms
  21. Action to be taken before the poll
  22. 16Notice of poll
  23. 17Postal ballot papers
  24. 18Provision of polling stations
  25. 19Appointment of presiding officers and clerks
  26. 20Issue of official poll cards
  27. 21Notification that certain electors entitled to absent vote
  28. 22Equipment of polling stations
  29. 23Appointment of polling and counting agents
  30. 24Notification of requirement of secrecy
  31. 25Return of postal ballot papers
  32. The poll
  33. 26Admission to polling station
  34. 27Keeping of order in polling station
  35. 28Sealing of ballot boxes
  36. 29Questions to be put to voters
  37. 30Challenge of voter
  38. 31Voting procedure
  39. 32Voting procedure
  40. 33Voting procedure
  41. 34Voting procedure
  42. 35Votes marked by presiding officer
  43. 36Voting by people with disabilities
  44. 37Tendered ballot papers
  45. 38Tendered ballot papers
  46. 39Tendered postal ballot papers: anonymous entries in Northern Ireland
  47. 40Refusal to deliver ballot paper
  48. 41Spoilt ballot papers
  49. 42Correction of errors on day of poll
  50. 43Adjournment of poll in case of riot
  51. 44Procedure on close of poll
  52. Counting of votes
  53. 45Attendance at the count
  54. 46The count
  55. 47Re-count
  56. 48Rejected ballot papers
  57. 49Direction to conduct re-count
  58. 50Decisions on ballot papers
  59. Final proceedings
  60. 51Declaration by counting officers
  61. 52Declaration by counting officers
  62. 53Declaration by Regional Counting Officers
  63. 54Declaration of referendum result by Chief Counting Officer
  64. Disposal of documents
  65. 55Sealing up of ballot papers
  66. 56Delivery or retention of documents
  67. 57Orders for production of documents
  68. 58Retention and public inspection of documents
  69. Part 3: ABSENT VOTING IN THE REFERENDUM IN THE UNITED KINGDOM
  70. Chapter 1: GREAT BRITAIN
  71. 59Overview and interpretation
  72. 60Manner of voting in the referendum
  73. 61Entitlement to vote by post or by proxy
  74. 62Application to vote by post or by proxy in the referendum
  75. 63Absent voters lists
  76. 64Proxies
  77. 65Proxies
  78. 66Voting as proxy
  79. 67Use of personal identifier information
  80. 68Use of personal identifier information
  81. 69Offences
  82. Chapter 2: NORTHERN IRELAND
  83. 70Overview and interpretation
  84. 71Manner of voting in the referendum
  85. 72Entitlement to vote by post or by proxy
  86. 73Application to vote by post or by proxy in the referendum
  87. 74Absent voters lists
  88. 75Proxies
  89. 76Proxies
  90. 77Voting as proxy
  91. 78Offences
  92. Part 4: APPLICATION AND AMENDMENT OF EXISTING LEGISLATION
  93. 79Application of provisions of the Representation of the People Act 1983
  94. 80Application of provisions of other Acts
  95. 81Application of existing provisions of regulations
  96. 82Amendment of the European Parliamentary Elections Regulations 2004
  97. Part 5: SUPPLEMENTARY
  98. 83Forms
  99. Signature
  100. Schedule 1: APPLICATION OF PROVISIONS OF THE REPRESENTATION OF THE PEOPLE ACT 1983
  101. Part 1: INTERPRETATION AND EXTENT
  102. 1Interpretation of applied provisions: general
  103. 2Meaning of “vote” in applied provisions
  104. 3Extent of section 52 of the 1983 Act
  105. Part 2: APPLICATION OF PROVISIONS
  106. 4Alteration of registers pending the referendum: England, Wales and Scotland
  107. 5Alteration of registers pending the referendum: Northern Ireland
  108. 6Loan of equipment
  109. 7Effect of registers
  110. 8Effect of misdescription
  111. 9Discharge of registration duties
  112. 10Payment of expenses of registration
  113. 11Registration appeals: England and Wales and Scotland
  114. 12Registration appeals: Northern Ireland
  115. 13Offence of personation
  116. 14Other voting offences
  117. 15Offences relating to applications for absent voting
  118. 16Breach of official duty
  119. 17Tampering with papers
  120. 18Requirement of secrecy
  121. 19Prohibition on publication of exit polls
  122. 20Failure to comply with conditions relating to supply etc of documents
  123. 21Broadcasting from outside UK
  124. 22Imitation poll cards
  125. 23Disturbances at meetings
  126. 24Premises used for referendum meetings in Scotland or Northern Ireland
  127. 25Officials not to act for candidates
  128. 26Illegal canvassing by police officers
  129. 27Payments for exhibition of election notices
  130. 28Prohibition of paid canvassers
  131. 29Providing money etc for illegal purposes
  132. 30Bribery
  133. 31Treating
  134. 32Undue influence
  135. 33Rights of creditors where applied provision prohibits payments
  136. 34Saving for employees to be absent for voting
  137. 35Computation of time
  138. 36Application for relief
  139. 37Powers of court on conviction of corrupt practice
  140. 38Prosecution and conviction of illegal practice and illegal payments
  141. 39Time limit for prosecutions
  142. 40Prosecution of offences committed outside the United Kingdom
  143. 41Offences by associations
  144. 42Director of Public Prosecutions
  145. 43Service of notices
  146. 44Computation of time for purposes of Part 3
  147. 45Translations etc of certain documents
  148. 46General interpretation
  149. 47General application to Scotland
  150. 48General application to Northern Ireland
  151. 49Premises used for poll: Scotland and Northern Ireland
  152. Schedule 2: APPLICATION OF PROVISIONS OF OTHER ACTS
  153. Part 1: POLITICAL PARTIES, ELECTIONS AND REFERENDUMS ACT 2000
  154. 1Attendance of representatives of Electoral Commission at referendum proceedings
  155. 2Observation of working practices by representatives of the Electoral Commission
  156. 3Accredited observers of referendum proceedings
  157. 4Accredited observers of referendum proceedings
  158. 5Provision to the Electoral Commission of information about expenditure
  159. 6Right to use rooms for holding public meetings
  160. Part 2: APPLICATION OF OTHER ENACTMENTS
  161. 7Premises used for referendum purposes in England and Wales
  162. 8Restriction on powers of arrest at polling station by persons other than constables
  163. Schedule 3: APPLICATION OF EXISTING PROVISIONS OF REGULATIONS
  164. Part 1: THE 2001 REGULATIONS (ENGLAND AND WALES) AND THE 2001 REGULATIONS (SCOTLAND)
  165. 1Preliminary
  166. 2Preliminary
  167. 3Forms
  168. 4Computation of time
  169. 5Restriction on supply etc of record of anonymous entries
  170. 6General requirements for applications for an absent vote
  171. 7Signature of application for absent vote
  172. 8Address to which to send ballot paper: requirements if different to address in application
  173. 9Address to which to send ballot paper: requirements if different to address in records
  174. 10Applications for appointment of a proxy
  175. 11Additional requirements for applications for proxy to vote
  176. 12Closing date for applications
  177. 13Grant or refusal of applications
  178. 14Cancellation of proxy appointment
  179. 15Requirement to provide fresh signatures every 5 years
  180. 16Records and lists
  181. 17Conditions on use, supply and inspection of absent voter records or lists
  182. 18Personal identifiers record
  183. 19Notification of rejected postal voting statement
  184. 20Interpretation of Part 5
  185. 21Persons entitled to be present at proceedings on issue of postal ballot papers
  186. 22Persons entitled to be present at proceedings on receipt of postal ballot papers
  187. 23Agents of candidate who may attend proceedings on receipt of postal ballot papers
  188. 24Notification of requirement of secrecy
  189. 25Time when postal ballot papers are to be issued
  190. 26Procedure on issue of postal ballot papers
  191. 27Refusal to issue ballot paper
  192. 28Envelopes
  193. 29Sealing up of completed corresponding number lists
  194. 30Delivery of postal ballot papers
  195. 31Spoilt postal ballot papers
  196. 32Lost postal ballot papers
  197. 33Cancellation of postal ballot papers
  198. 34Alternative means of returning postal ballot paper or postal voting statement: England and Wales
  199. 35Alternative means of returning postal ballot paper or postal voting statement: Scotland
  200. 36Notice of opening of postal ballot paper envelopes
  201. 37Postal ballot boxes and receptacles
  202. 38Receipt of covering envelope
  203. 39Opening of postal voters’ ballot box
  204. 40Opening of covering envelopes
  205. 41Confirming receipt of postal voting statements
  206. 42Procedure in relation to postal voting statements: personal identifier verification
  207. 43Opening of ballot paper envelopes
  208. 44Retrieval of cancelled postal ballot papers
  209. 45Lists of rejected postal ballot papers
  210. 46Checking of lists of rejected postal ballot papers
  211. 47Sealing of receptacles
  212. 48Forwarding or retention of documents: England and Wales
  213. 49Retention of documents: Scotland
  214. 50Forwarding of documents: Scotland
  215. 51Interpretation and application of Part 6: England and Wales
  216. 52Restriction on supply etc of full register: England and Wales
  217. 53Restriction on supply etc of full register: Scotland
  218. 54Supply of free copy of full register for electoral purposes and restrictions on use: Scotland
  219. 55Supply of free copy of full register for electoral purposes and restrictions on use: England and Wales
  220. 56Offences: England and Wales
  221. 57Offences: Scotland
  222. 58Interpretation of Part 7: England and Wales
  223. 59Interpretation of Part 7: Scotland
  224. 60Supply of marked registers and lists after an election: England and Wales
  225. 61Supply of marked registers and lists after an election: Scotland
  226. 62Inspection of documents open to public inspection
  227. 63Inspection of documents open to public inspection
  228. 64Conditions on use, supply and disclosure of documents open to public inspection
  229. 65Form K: statement as to postal ballot papers
  230. Part 2: THE 2008 REGULATIONS (NORTHERN IRELAND)
  231. 66Preliminary
  232. 67Preliminary
  233. 68Forms
  234. 69Communication of notices made on polling day
  235. 70Interpretation of Part 4
  236. 71General requirements for applications for an absent vote
  237. 72Address to which to send ballot paper: requirements if different to address in application
  238. 73Address to which to send ballot paper: requirements if different to address in records
  239. 74Additional requirements for applications for appointment of a proxy
  240. 75Additional requirements for applications in respect of a particular election
  241. 76Additional requirements for applications by proxies to vote by post at a particular election
  242. 77Closing date for applications
  243. 78Grant or refusal of applications
  244. 79Cancellation of proxy appointment
  245. 80Records and lists
  246. 81Interpretation of Part 5
  247. 82Time when postal ballot papers are to be issued
  248. 83Persons entitled to be present at proceedings on issue and receipt of postal ballot papers
  249. 84Agents of candidate who may attend proceedings on issue or receipt of postal ballot papers
  250. 85Notification of requirement of secrecy
  251. 86Notice of issue of postal ballot papers
  252. 87Procedure on issue of postal ballot paper
  253. 88Refusal to issue ballot paper
  254. 89Envelopes
  255. 90Sealing up of completed corresponding number lists
  256. 91Delivery of postal ballot papers
  257. 92Spoilt postal ballot papers
  258. 93Tendered postal ballot papers
  259. 94Notice of opening of postal ballot paper envelopes
  260. 95Postal ballot boxes and receptacles
  261. 96Receipt of covering envelope
  262. 97Opening of postal voters’ ballot box
  263. 98Opening of covering envelopes
  264. 99Procedure in relation to declarations of identity
  265. 100Opening of ballot paper envelopes
  266. 101Sealing of receptacles
  267. 102Forwarding of documents
  268. 103Restriction on supply etc of full register
  269. 104Interpretation of Part 7
  270. 105Supply of marked registers and lists after an election
  271. 106Inspection of documents open to public inspection
  272. 107Conditions on use, supply and disclosure of documents open to public inspection
  273. 108Form N: statement as to postal ballot papers
  274. Part 3: OTHER REGULATIONS
  275. 109Control of advertisements
  276. 110Control of advertisements
  277. 111Control of advertisements
  278. 112Right of audience and right to conduct litigation
  279. 113Provision of information regarding proxies
  280. 114Persons convicted of corrupt or illegal practices: Gibraltar
  281. 115Persons convicted of corrupt or illegal practices: Gibraltar
  282. Schedule 4FORMS
  283. Explanatory note